Nursing Home Abuse (Elder Abuse)
An increasing elderly population has led to an increased nursing home population,
and with this has come an increased incidence of nursing home negligence and
abuse. Governmental agencies such as the Center for Medicare & Medicaid
Services help oversee the care and services provided by nursing homes and both
federal and state governments have established uniform standards for nursing
homes and ensure the protection and safety of patients.
Unfortunately, despite these governmental agencies, over one million nursing
home residents are abused in some manner each year. Such actions can include
negligence and active abuse. Whether the abuse consists of recurrent negligence
or a single incident which causes injury, the victim has a right to damages.
In most cases, the nursing home in question can lose its certification for failing
to supply the expected care leading to a loss of federal funding.
Nursing home abuse can include physical damage from falls, malnutrition or
dehydration, bed sores, gangrene, aspiration pneumonia, over-sedation, poor
medical care, or wrong medication. Just as damaging but more subtle, are lack
of supervision, theft, abandonment, defective equipment, sexual assault, coercion,
physical or mental abuse. All of these can lead to injury or death of the nursing
Personal Injury Damages
Types of Damages
Types of Compensatory Damages
Amount of Damages
Factors Affecting Amount of Damages Awarded
Comparative and Contributory Negligence