Pain and suffering is something that a resident who is a victim of nursing home abuse will certainly be entitled to. Nursing home residents are among the most vulnerable segments of society, and it isn’t right that they should be exposed to the cruelty or negligence of people who owe them a high duty of care. But damages for pain and suffering are not easily quantifiable, and can be difficult to prove.
As many personal injury lawyers would agree, proving negligence in court requires hard evidence that the plaintiff suffered significant harm because of the actions, or failure to act, of a third party. In nursing home abuse, the easiest cases would be that which leave a paper trail, such as medical records of injuries.
However, abuse it is not always physically manifested because the abuse may not be physical. As mentioned on the website of the law firm Karlin, Fleisher & Falkenberg, LLC, the harm that a resident suffers from verbal or psychological abuse can be as much or even more damaging to someone who may already be mentally fragile, and certainly warrants consideration for pain and suffering.
It is estimated that as many as one in three nursing homes have incidents of abuse or neglect. Some facilities cited for this negligence claim that staff shortages may have contributed to incidents of neglect where residents suffered injuries such as bed sores or falls. Texas, which was named as the worst state for nursing homes according to the 2013 report of the Families for Better Care, failed in 6 of 8 categories under federal quality statistical measures for nursing homes. A Wisconsin nursing home abuse lawyer would most likely cite one or more of these measures in a nursing home abuse case. Tennessee didn’t fare much better, ranking 13th as the worst nursing home state.
Unfortunately, many cases of nursing home abuse go unreported. If you suspect an elderly loved one to be suffering from nursing home abuse, take the necessary steps to secure their future well-being and compensation for past and ongoing abuse. Consult with a nursing home abuse lawyer to find out your legal options.