Physical Abuse in Nursing Homes by Staff

Nursing home physical abuse happens more often than anyone wants to admit. Usually because the nursing home staff is not properly checked during the hiring process. Many nursing home residents who are victims of nursing home physical abuse will hide this abuse from others. They may feel ashamed or feel like it is their fault. Nursing home abuse can be hard to identify the signs of nursing home abuse and neglect. They may believe that they deserve the treatment or that there is nothing they can do about it. They might think staying silent is the best way to make the abuse stop or they may not even realize that their mistreatment is considered abuse. It is important that if you, or someone you love, is showing signs of physical abuse, that you consult a nursing home abuse lawyer immediately.

Nursing Homes Have a Duty to Reduce or Prevent Assault

All patients have the right to be free of all forms of abuse, including: violation of Minnesota Nursing Home Bills of Rights physical, sexually and verbal abuse. However, what goes on behind closed doors will often include all forms of abuse.  It comes in many forms including:

• • Seclusion/ Restriction of visitors/ Restriction of access to facilities and to go outdoors

• • Over medication

• • Physical harm from rough handling or hitting

• • Unnecessary use of restraints

• • Lack of proper care

• • Fellow Resident Left Unsupervised

Federal Regulations Prohibit Abuse and Neglect of Nursing Home Residents

According to 42 CFR § 483.10 Resident rights, the resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the Minnesota Nursing Home Bills of Rights, including each of the following rights: (a) Exercise of rights. (1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States. (2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights. (3) In the case of a resident adjudged incompetent under the laws of a State by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under State law to act on the resident’s behalf. (4) In the case of a resident who has not been adjudged incompetent by the State court, any legal-surrogate designated in accordance with State law may exercise the resident’s rights to the extent provided by State law.

Contact Attorney Kenneth LaBore

If you or a loved one has suffered an injury from abuse or neglect in a nursing home or other care facility that serves the elderly in Minnesota, Kenneth LaBore provides a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589. Disclaimer