Most injury cases (torts) are unintentional torts. Abuse is an intentional tort. Other intentional torts include battery, false imprisonment, and intentional infliction of emotional distress. Battery is any harmful or offensive touch. Usually, false imprisonment is confining a person in a room or other small space without justification. Physically blocking a doorway is a form of false imprisonment. Extreme bullying is an example of IIED. This tort is the intentional infliction of emotional distress that’s so severe it’s almost debilitating.
Nursing home abuse is often related to understaffing, a problem that plagues over 90 percent of Kentucky nursing homes. Stressed-out employees who, in many cases, do two or three different jobs eventually can’t take any more. When that happens, instead of venting on social media or using some other outlet, they often lash out at vulnerable nursing home residents.
The elements of an intentional tort are different from an unintentional tort. However, a Lexington personal injury attorney can obtain the same compensation in each claim. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Because of the “intentional” element, additional punitive damages may be available as well. Jurors may award such damages if there is clear and convincing evidence that the tortfeasor intentionally disregarded a known risk.
Generally, the nursing home that employed the tortfeasor is financially responsible for this compensation, under a theory like negligent hiring or negligent supervision.
Acted
The victim’s statement might not be enough to establish an act. Deep down, many people harbor lingering prejudice against older adults and their ability to accurately recount certain events. Okay, maybe the clip we provided was a bad example, but you get the idea.
Plenty of corroborating proof is usually available. Granny cams, or hidden surveillance cameras in nursing home residents’ rooms, are a good example. These cameras are generally legal in Kentucky, although it’s not always a good idea to install one. Frequently, the footage isn’t very high quality, but it’s enough to corroborate the resident’s recollection.
Additionally, the victim must establish that a nursing home employee committed the act. Grainy surveillance camera footage doesn’t always drive this point home. If a visitor or other non-employee abused the resident, the victim can still make, and win, an abuse claim. However, most individuals are effectively judgment proof. So, the judgment might just be a piece of paper.
More corroborating proof is available.The injuries themselves also serve as circumstantial evidence. Broken bones, bruises, and other such injuries don’t happen on their own. A dumb insurance company lawyer might claim a fall caused such injuries. Falls are unintentional torts which, in most cases, nursing homes are financially responsible for.
Additional witness statements form other residents are admissible as well. The same prejudice applies. However, if two or more people tell roughly the same story, the testimony is more credible. Not that we said “roughly” identical. If two or more witnesses say exactly the same thing, that normally means someone told them what to say, or they got together to get their stories straight.
Intentionally
In criminal court, “intentionally” usually means “maliciously.” But in civil court, “intentionally” usually means “not accidentally.” Generally, nursing home staffers who abuse nursing home residents, especially physically, don’t have any ill will. The staffers are just frustrated with their general state of affairs. However, frustration is never an excuse to abuse someone else, physically, emotionally, verbally, or otherwise.
When the Joker vandalized the Flugenheim Museum in this 1989 classic film, he didn’t do so maliciously. However, he did do so intentionally.
Once again, the extent of injury is relevant. Battery cases are a good example. If the victim has a very mild abrasion or other nonserious wound, that injury could well be accidental. The more serious the wound, the easier it is to prove intent, in both criminal and civil court.
Causing Harm
As mentioned, abuse need not be physical, although physical abuse is easier to prove than other types of abuse. Physical wounds need not be debilitating, or even serious.
Also as mentioned, physical abuse doesn’t just cause physical injuries. So, victims are entitled to more than compensation for medical bills and other economic losses. Abuse causes emotional injuries. The old line “sticks and stones may break my bones but names will never hurt me” is baloney. Names hurt more than sticks and stones. If the tortfeasor (wrongful actor) caused any physical injury, even a sore spot, the victim need not prove a debilitating injury, as is the case in an IIED claim.
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. You have a limited amount of time to act. The post Breaking Down a Nursing Home Abuse Case first appeared on Goode Law Office, PLLC.