It’s one of the most traumatic experiences for a family to endure, learning that a loved one has been the victim of nursing home abuse. Recently a family in Long Island experienced this devastation after a nurse and a personal care aide were charged with beating an 88-year-old WWII veteran who suffers from dementia and hearing impairment. The reason? He refused to shower.
One caregiver was accused of putting a pillow over his face while the other one struck him. His hands were also tied above his head. The caregivers are now facing charges and could potentially serve up to seven years in jail.
This same facility, Woodhaven Nursing Home, was in the headlines a couple of months ago stemming from graphic photographs of residents taken by a couple of caregivers.
Nursing home aides were accused of taking pictures of individuals’ bed sores as well as private parts covered in feces at several nursing homes. Another resident, with an overflowing colostomy bag, was also photographed. Most of the incidents allegedly occurred at Woodhaven Nursing Home.
Liability in a Nursing Home Abuse Claim
These are examples of abuse in which a claim could be filed against the individual(s) responsible for the elder abuse and the facility itself. The actions of an employee are one issue. But holding the nursing home liable can also happen when it is negligent.
Liability may be proven when it’s established that a duty of care was owed to the resident and it was breached. The aforementioned allegations would be clear-cut cases of this. Additionally, there must also be proof that it resulted in serious physical and/or emotional harm. Or that it caused a resident’s death.
Even with ample evidence, it’s generally a good idea to secure legal representation. An attorney can ensure that a victim’s rights are protected. Contact Gacovino, Lake & Associates to learn about legal options that may be available. An attorney can also explain the types of damages that may be recoverable.