Nursing Home Abuse Lawyer Investigates Premature Deaths by the Thousands

Kahn Gauthier Swick is investigating possible legal actions against nursing home to recover for nursing home abuse suffered by nursing home residents. There are more than one and one-half million elderly and disabled persons in 17,000 nursing home across the United States. If you or a loved one may have been the victim of nursing home abuse, contact a nursing home abuse lawyer. It is estimated that as many as 35,000 of these nursing home residents die prematurely every year due to the nursing home's negligence, abuse or neglect. At any particular time there are hundreds of nursing home lawyer legal actions pending against nursing home abuse operators to recover for abuse injury to, or even the abuse death of, a nursing home resident due to the home's abuse or neglect of the resident. These nursing home actions are brought by the injured abused resident, or by his or her family members if the resident has died. Under some circumstances, the family members may assert their own claims against the nursing home abuse operator for financial loss or emotional injury.

In addition to federal laws regulating the quality of care in nursing home, states have enacted laws as well. The state laws must be at least as powerful as the federal laws. Some states have adopted laws that are tougher than the federal laws to fight nuring home abuse.

Judgments in nursing home abuse lawyer cases can be substantial. In September, 2000, a jury awarded $3 million in compensatory damages and $17 million in punitive damages to the estate of a Georgia man who went hungry, dehydrated and unkempt in a Kenneth City, FL nursing home then run by the Extendicare Inc. national chain.

Types of Nursing Home Abuse

Nursing Home Financial Abuse: Material and financial nursing home abuse consists of the misuse, misappropriation, or exploitation of a nursing home resident's material (possessions and property) or monetary assets.

Nursing Home Passive and Active Neglect: With nursing home passive and active neglect the nursing home fails to meet the physical, social, or emotional needs of the nursing home resident. With active neglect, the nursing home abuse caregiver intentionally fails to meet his/her obligations towards the nursing home resident. With nursing home passive neglect, the failure is unintentional, and is often the result of nursing home caregiver overload or lack of information concerning appropriate nursing home caregiving strategies.

Nursing Home Physical Abuse: Physical abuse consists of an intentional infliction of physical abuse on a nursing home resident. The nursing home abuse can range from slapping to beatings to excessive forms of physical restraint, such as chaining.

Nursing Home Psychological Abuse: Psychological or nursing home emotional abuse consists of the intentional infliction of mental harm or psychological distress upon the nursing home abuse resident. The nursing home abuse can range from insults and verbal assaults to threats of physical harm or isolation.

Nursing Home Sexual Abuse: Sexual abuse consists of any sexual abuse activity for which the nursing home resident does not consent or is incapable of giving consent. The sexual activity can range from exhibitionism to fondling to intercourse.

Nursing Home Violations of Basic Rights: A violation of basic rights often accompanies psychological abuse and consists of depriving a nursing home abuse resident of the basic rights that are protected under state and federal law, ranging from the right of privacy to freedom of religion.

Contact a Nursing Home abuse lawyer.