Gillette Nursing Home Abuse Attorneys
Legal Representation for Elderly Abuse Victims in Campbell County
Nursing home abuse is a growing epidemic in the United States. In Wyoming, criminal charges can be pressed against anyone who has abused elders in their care. While this will provide restitution to the state, the victims and their loved ones will not receive compensation after a criminal case. However, compensation could be available if the victim files a personal injury lawsuit against the nursing home.
Steven Titus & Associates, P.C., will fight to ensure you get the compensation you are entitled to after suffering from elder abuse in a nursing home in Gillette. Call our Gillette personal injury lawyers at (307) 257-7800 to schedule your free consultation today.
Types of Nursing Home Abuse
Wyoming’s Adult Protective Services outlines the different types of elder abuse recognized by the state. These include:
- Physical or mental abuse includes acts like hitting, pushing, or restraining residents inappropriately. It often results in visible signs such as bruises, fractures, or unexplained injuries. Mental abuse includes verbal assaults, threats, intimidation, and isolation. Victims of mental abuse may exhibit signs like emotional withdrawal, fearfulness, or sudden changes in behavior.
- Financial exploitation involves the unauthorized use or theft of a resident’s funds or property. This can range from forging signatures and coercing residents into financial transactions to outright theft of personal belongings. Financial exploitation may have severe long-term effects, including financial ruin and stress, which can further deteriorate a resident’s health.
- Neglect occurs when caregivers fail to provide the necessary care, leading to harm or discomfort for the resident. This can include inadequate hygiene care, insufficient nutrition, and lack of medical attention. Signs of neglect may manifest as poor hygiene, dehydration, bedsores, and significant weight loss.
- Self-neglect results when residents are unable to care for themselves and do not receive the support they need. Indicators of self-neglect include living in unsanitary conditions, wearing dirty clothes, and refusing necessary medical treatment.
- Sexual abuse includes any non-consensual sexual contact or activity. This type of abuse can have both physical and emotional impacts on the victim. Physical indicators of sexual abuse might include unexplained bruises, particularly around the genital area, sexually transmitted diseases (STDs), and torn or stained undergarments. Emotionally, victims may exhibit signs of anxiety, depression, and fearfulness and may become withdrawn or display changes in behavior.
Nursing home staff are required to care for the residents in the home and ensure they are treated properly at all times. If staff members fail to do so—for example, withholding medication from a resident as punishment or allowing one senior to harm himself or other residents—they can be held liable for the victim’s medical bills and other expenses related to the abuse, including emotional distress.
Long-Term Harm Caused by Nursing Home Abuse
The physical consequences of nursing home abuse can be severe and long-lasting. Victims of physical abuse may suffer from chronic pain due to untreated injuries such as fractures, bruises, and sprains. Bedsores from neglect can lead to serious infections, sometimes requiring extensive medical treatment. Malnutrition and dehydration can weaken the immune system, making residents more susceptible to illnesses and prolonged recovery times. Over time, these physical injuries and conditions can lead to a diminished quality of life, reduced mobility, and increased dependence on medical care.
The emotional impact of nursing home abuse is often profound. Victims may experience severe anxiety, depression, and post-traumatic stress disorder (PTSD) as a result of their trauma. The emotional scars left by abuse can also affect a resident’s overall well-being, diminishing their quality of life and happiness. Family members may notice changes in behavior, such as increased irritability, sadness, or a reluctance to engage in activities they once enjoyed.
Who Can File a Gillette Nursing Home Abuse Claim?
Typically, the victim will file a lawsuit against the person or company that caused him or her injury. This isn’t always possible in nursing home claims, as the abused seniors don’t always have the mental capacity to make statements or testify in court. In these cases, a close family member may file a lawsuit on the senior’s behalf. If a senior has died as a result of the abuse, the personal representative of the senior’s estate can file a wrongful death lawsuit.
Understanding Civil Court vs. Criminal Court in Wyoming
If the abuser is charged with a crime, he or she will be tried in Wyoming criminal court. If convicted, the abuser may be ordered to pay restitution to the state and serve jail time. The family may not have control over whether the county prosecutor decides to file criminal charges.
If there is a criminal investigation, the results will have no bearing on a civil lawsuit – although a guilty verdict against the abuser will help prove him or her responsible. However, the victim can still file a lawsuit if the investigation is dropped or the abuser is found not guilty. If a lawsuit is filed to claim compensation for the abuse victim, it will be processed through civil court.
Steps to Take if You Suspect Nursing Home Abuse
If you suspect nursing home abuse, you’ll want to document what’s happening to your loved one. Keep a detailed record of any signs or symptoms of abuse you observe, including dates, times, and descriptions of the incidents. Take photographs of any physical injuries, such as bruises or bedsores, and note any changes in behavior or emotional state.
Document conversations with the nursing home staff, noting their responses and any actions they claim to have taken. Collect any relevant financial documents if you suspect financial exploitation, including bank statements and receipts.
Reporting nursing home abuse is a crucial step in protecting your loved one and preventing further harm. If you suspect abuse, immediately contact the nursing home administration to report your concerns. It’s also important to report the abuse to the Wyoming Department of Family Services, Adult Protective Services. If the situation is urgent or life-threatening, do not hesitate to call 911.
Seeking immediate medical attention is essential in cases of nursing home abuse. A thorough medical examination can identify and document any injuries, health issues, or signs of neglect so your loved one can receive the appropriate treatment. This medical evaluation should be performed by a healthcare professional who is independent of the nursing home to ensure an unbiased assessment. The medical report generated can serve as crucial evidence if legal action becomes necessary.
Consulting with a personal injury attorney is a critical step if you suspect nursing home abuse. An experienced Campbell County elder abuse attorney will provide valuable legal advice and guide you through the process of seeking justice. Your attorney will help you understand your legal rights and advise you about the options available for holding the responsible parties accountable. Steven Titus & Associates, P.C., will investigate the situation and file a claim or lawsuit against anyone liable for the injuries your loved one has suffered.
Speak to Our Gillette Nursing Home Abuse Attorney
If your loved one was abused or neglected in a Wyoming nursing home, you can expect a great deal of resistance from the facility when you try to claim compensation. While many nursing home abuse claims settle out of court, some have to go all the way to trial. You should hire a Gillette nursing home abuse lawyer from the get-go to protect your family—lawyers with experience in nursing home abuse cases. Steven Titus & Associates, P.C., is that law firm. We can investigate the circumstances surrounding your loved one’s mistreatment, ensuring we don’t stop fighting until we get you the compensation you deserve!
If you or a loved one has been victimized, our nursing home abuse attorneys in Gillette can help. Call us today at (307) 257-7800 for a free consultation.
Additional Information
- The Effects of Chemical Restraint Abuse in Nursing Homes
- Hidden Signs of Nursing Home Abuse
- The Frightening Commonplace of Bedsores
- Elder Abuse - National Institute on Aging
- Elder Abuse - MedlinePlus
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