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Contact a Miami Nursing Home Abuse Lawyer
Medical Malpractice Topics
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Legal action may ensue if it is proven that a nursing home has committed one or more of following types of abuse:
Physical Abuse
Physical abuse is the use of physical force that may result in bodily injury, physical pain, or impairment. Physical abuse may include acts of violence like striking, with or without an object, hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning. The inappropriate use of drugs and physical restraints, force-feeding, and physical punishment of any kind also are examples of physical abuse.
Sexual Abuse
Sexual abuse is defined as non-consensual sexual contact of any kind with a nursing home resident. Sexual contact with any person incapable of giving consent is also considered sexual abuse. It includes but is not limited to unwanted touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing.
Emotional or Psychological Abuse
Emotional or psychological abuse is defined as the infliction of anguish, pain, or distress through verbal or nonverbal acts. Emotional/psychological abuse includes but is not limited to verbal assaults, insults, threats, intimidation, humiliation, and harassment. In addition, treating a nursing home resident like an infant; isolating a nursing home resident from his/her family, friends, or regular activities; giving a resident the "silent treatment;" and enforced social isolation are examples of emotional/psychological abuse.
Neglect
Neglect is defined as the refusal or failure to fulfill any part of a worker's obligations or duties to a nursing home resident. Neglect may also include the failure on the part of the nursing home to provide necessary care. Neglect typically means the refusal or failure to provide a nursing home resident with such life necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal safety, and other essentials included in an implied or agreed-upon responsibility to a resident.
Abandonment
Abandonment is the desertion of a nursing home resident by a nursing home worker, who has assumed responsibility for providing care for the resident.
Financial or Material Exploitation
Financial or material exploitation is the illegal or improper use of a nursing home resident’s funds, property, or assets. Examples include, but are not limited to, cashing a nursing home resident’s checks without authorization/permission; forging a resident's signature; misusing or stealing a resident’s money or possessions; coercing or deceiving a resident into signing any document (contracts or will); and the improper use of conservatorship, guardianship, or power of attorney.
Self-neglect
Self-neglect is characterized as the behavior of a nursing home resident that threatens his/her own health or safety. Self-neglect generally manifests itself in a resident as a refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, medication (when indicated), and safety precautions. The definition of self-neglect excludes a situation in which a mentally competent nursing home resident, who understands the consequences of his/her decisions, makes a conscious and voluntary decision to engage in acts that threaten his/her health or safety as a matter of personal choice.
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Contact a Miami Nursing Home Abuse Lawyer
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