If you or a loved one is victimized by resident-to-resident nursing home abuse, you may qualify for financial compensation. When a care home doesn’t take reasonable steps to protect their residents, a victim may have a legal claim. Call us today to discuss your case with nursing home abuse lawyer Robert “Bobby” Jones.
Bobby Jones Law serves Greenville and the whole state of South Carolina with experienced representation for resident-to-resident abuse.
Talk to a lawyer
Have you or a loved one been harmed by another resident while living in a care facility? We invite you to have a consultation with Bobby Jones Law about your situation. Talk to a lawyer about what happened and your right to compensation. We can investigate what occurred and discuss your rights.
Call 864-362-2640 or message us now. Virtual consultations are available, and we can meet you at home or in a care facility.
What Is Resident-to-Resident Abuse in a Nursing Home?
The National Long-Term Care Ombudsman Resource Center defines resident-to-resident mistreatment in a nursing home as aggressive interactions between long-term care residents that are negative, likely unwelcome, and that have a high potential to harm the recipient physically or psychologically. Resident-to-resident mistreatment may be physical, sexual, or verbal.
Examples of resident-to-resident nursing home abuse
There are many ways that a resident may hurt another resident in a nursing home. Not all harm is intentional. Here are examples of resident-to-resident nursing home abuse:
- Assault and battery, hitting, kicking, slapping, pushing, pinching, striking with an object
- Verbal abuse, belittling, harassment
- Threats, emotional abuse
- Sexual assault, sexual harassment
- Invasion of privacy
- Using personal property without permission
- Misappropriation of funds, manipulating a resident to access funds
- Preventing movement within the facility
Mistreatment can seriously impact the health of a resident. They may be harmed physically, emotionally, and financially. Victims are not always able to recognize the abuse or reach out for help. Caregivers must be equipped to recognize abuse and take measures to prevent harm.
How can a nursing home be liable for resident-to-resident mistreatment?
Here are some examples of how a nursing home can be liable for nursing home abuse:
- Failing to appropriately supervise a resident with a history of violent behavior
- Moving an offending resident to a new roommate who is then victimized
- Not adequately screening a resident for a likelihood of causing problems
- Inadequate wellness checks, failing to follow up on signs of distress in a resident
- Ignoring vulnerabilities like cognitive limitations and physical immobility that may make a resident susceptible to abuse
- Poor staff training to recognize signs of abuse
- Environmental problems like crowded common areas, clutter, noise, extreme temperatures, and other things that may make residents uncomfortable
- Taking too little action when residents raise concerns
- Blaming the resident for trying to report a problem, victim shaming, making them fearful to report
Whether the healthcare facility is liable for resident-to-resident abuse depends on their actions or inaction leading up to the abuse. 42 CFR § 483.20 requires care facilities to conduct initial wellness assessments, periodic reviews, and a review when there has been a significant change in a person’s physical or mental condition. Failing to conduct the required assessments can harm the resident and others.
Our law firm can investigate what the facility was aware of, what they should have been aware of, and whether negligence occurred. We will look at all possibilities to prove fault and your right to compensation.
Compensation for Abuse by Another Resident in a Nursing Home
Nursing homes have a duty to take reasonable steps to protect their residents from harm. That means all possible sources of harm, whether it is mistreatment from caregivers, fall hazards within the facility or the spread of disease.
One way that a person can be harmed in a nursing home is by another resident. Another person living in a facility may pose a danger of harming others, either intentionally or accidentally. The healthcare facility has a legal duty to take reasonable measures to identify and mitigate potential risks. A lack of reasonable care that results in harm to a resident may form a basis for financial compensation.
Start Your Case With a Free Consultation
If you’re concerned about resident-to-resident abuse in a nursing home, please contact us for a free consultation with a lawyer. At Bobby Jones Law, our friendly team is here to help. Get answers to your questions and start your case. Call or message our nursing home abuse lawyer now.
