Nursing Home Abuse Attorneys in Utah

Assisting Victims of Elder Abuse & Neglect

As America ages, more and more people are unable to take care of themselves and live independently. Often, friends, family, social organizations, and for-profit organizations provide the elderly with the care they need and deserve. When friends and family cannot give adequate care, the elder is oftentimes placed in a nursing home or assisted the living facility to ensure that the proper level of care is readily available and provided to the elder. Sadly, elders are increasingly subjected to emotional, physical, and financial abuse in their nursing homes or suffer neglect by their in-home caregivers or nurses.

Nursing home abuse can be divided into two categories:

• Neglect is a failure to provide for basic needs, which may result in medication overdoses, malnutrition, dehydration, infections, pressure sores, falls, septicemia, and gangrene.
• Intentional harm includes physical assault, emotional abuse, financial abuse, and sexual assault.

If you have concerns that a loved one if the victim of neglect or abuse of any variety, seek representation immediately.

To discuss your case with a competent Utah nursing home abuse lawyer, call 385-444-2102.

Types of Nursing Home Abuse Cases Handled by Pearson Butler

Nursing home abuse refers to the mistreatment or neglect of elderly or vulnerable residents in a nursing home or long-term care facility. This abuse can take many forms and often leads to physical, emotional, or financial harm. Nursing home abuse is a serious violation of trust, and it affects the health, dignity, and well-being of the residents.

Here are the common types of nursing home abuse:

• Physical Abuse: This involves the use of physical force that results in injury, pain, or impairment. It can include hitting, slapping, pushing, kicking, or restraining a resident unnecessarily.
• Emotional or Psychological Abuse: This type of abuse includes actions or verbal assaults that cause emotional pain, distress, or psychological harm. Common forms are yelling, belittling, isolating, threatening, or humiliating the resident.
• Sexual Abuse: Any non-consensual sexual contact with a resident is considered sexual abuse. This can include inappropriate touching, forced sexual interactions, or taking explicit photos without consent.
• Neglect: Neglect occurs when caregivers fail to provide adequate care, leading to harm or discomfort. This can include failure to provide food, water, medication, proper hygiene, or medical care.
• Financial Exploitation: This involves illegally or improperly using a resident’s money, property, or assets. It can range from stealing personal belongings to manipulating the resident into changing their will or financial arrangements.
• Healthcare Fraud: This form of abuse occurs when caregivers overcharge for services, bill for care that was never provided, or administer unnecessary treatments.
• Abandonment: When a resident is left without the necessary care or supervision, it’s considered abandonment. This can happen if the staff leaves the resident alone without ensuring their safety and well-being.

Don’t let the abuse or neglect continue. If your loved one has been the victim of elder neglect or abuse, it is important that you contact Pearson Butler to schedule your free consultation now.

Determining Liability for Nursing Home Abuse

In Utah, several parties can be held liable for nursing home abuse, depending on the circumstances of the case. The law holds responsible anyone who had a duty of care toward the resident and failed to provide it, resulting in harm or mistreatment.

Here's a breakdown of who might be liable for nursing home abuse:

Nursing Home Facility

The nursing home itself can be held liable for abuse occurring within the facility. This happens if the facility:

• Fails to properly vet or train staff members.
• Does not provide adequate supervision or resources to ensure residents' safety.
• Maintains unsafe conditions that allow abuse to occur.
• Neglects to intervene or report suspected abuse when it occurs. The facility is responsible for providing a safe and caring environment, so negligence on their part can make them directly liable.

Nursing Home Staff

Individual staff members, including nurses, aides, or other caregivers, can be held personally liable if they engage in abusive behavior or neglect their duties. This includes physical, emotional, sexual, or financial abuse. They can face both criminal charges and civil lawsuits for their actions.

Administrators and Management

Nursing home administrators or managers may be held responsible if their mismanagement or lack of oversight leads to abuse. This can include:

• Failing to address complaints of abuse or neglect.
• Overworking or understaffing the facility, leading to poor care.
• Ignoring background checks or hiring unqualified employees. Their failure to enforce safety protocols or properly manage the facility can make them accountable.

Third-Party Contractors

In some cases, third-party contractors, such as cleaning staff or medical personnel hired by the facility, can also be held liable for abuse. If these contractors cause harm to a resident, they can be sued for their actions, and the facility may share liability if it failed to properly supervise them.

Medical Professionals

If a resident suffers harm due to medical malpractice by doctors, nurses, or other healthcare providers working at or with the facility, these professionals may be liable for abuse or neglect. This can occur through improper medication, lack of medical treatment, or inadequate care.

Other Residents

In other cases, abuse can come from other residents in the facility. While the resident responsible for the abuse can be held accountable, the nursing home may also share liability if it failed to prevent the abusive behavior or did not provide adequate supervision.

Talk to a Competent Professional Today

The experienced attorneys at Pearson Butler help victims of nursing home abuse and neglect obtain compensation for their injuries, pain, and suffering. If you or a loved one have suffered from nursing home abuse or neglect in Utah, do not wait to seek counsel. Pearson Butler provides a completely confidential consultation at no cost and with no obligation.

Call Pearson Butler at 385-444-2102 or contact the firm online.