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Physical Abuse By Residents of Nursing Homes against the Elderly

Physical Abuse By Residents of Nursing Homes against the Elderly Every year thousands of elderly and infirmed nursing home residents suffer from acts of violence perpetrated by other nursing home residents. Specific types of violence in nursing homes include, assault and battery, sexual assault, sexual abuse, rape and molestation, physical abuse, harassments, stabbings, and poisoning of food and beverage. In many instances owners and operators of nursing homes can be held liable for acts of violence committed by fellow elderly residents. Victims of crime in nursing home are entitled to financial restitution for all physical, emotional, and financial harm suffered. Establishing Liability in Nursing Home Abuse and Physical Violence Claims: Liability for acts of violence in nursing homes can be established against the owners and operators of the establishment in several ways. An important indication of liability is whether the nursing home new or should have known of the dangerous propensity towards violence exhibited by nursing home residents. Evidence of dangerous propensities can include past cases of violent acts by the resident, safety violation, past criminal records of violent behavior, and records from former nursing and elderly care institutions showing prior harmful acts including assault and battery. There are several important laws governing the conduct of nursing home owners and operators and the duties they owe to elderly residents.
  • Legal Definition of Elderly: The legal definition of elderly is, “any person between the ages of 18-64 who’s mental or physical limitations restrict his or her ability to carry out normal activities and any individual over the age of 65.
  • Abandonment of the Elderly Resulting in Physical Abuse by other Residents: Abandonment is legally defined as, ” the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.
Acts of Violence in Nursing Homes Resulting in Death – Filing a Wrongful Death Lawsuit: In most jurisdictions certain relatives of individuals who have died have the right to seek compensation from liable parties. There are several elements crucial in a wrongful death cause of action..
  • The actions of the defendant was a contributing factor in the death of the relative.
  • There was a duty to protect the deceased victim from harm caused by another.
  • There deceased individual has surviving heirs including spouses, children or beneficiaries.
  • The relatives have experience some type of economic harm due to the death of the deceased.

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Financial Recover and Assistance Available for Victims of Nursing Homes Violence:  Victims of personal injury including nursing home assaults and physical attacks are entitle to full and just compensation for all damages and harms incurred. A calculation of an estimated lawsuit settlement is predicate on several important factors including medical and health related costs associated with the injury, pain and suffering, the level of emotional trauma sustained, and punitive damages. Punitive damages can be compensable when the nursing either intended to cause harm or acted in reckless disregard for the life and or health of the elderly in nursing homes.

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