Nursing home abuse isn’t limited to physical harm. Emotional distress, psychological abuse, and/or pain and suffering can have equally devastating effects on the victims, often leading to long-term issues. If your loved one has endured emotional distress due to nursing home abuse, you may have legal grounds to pursue compensation. Working with an experienced nursing home abuse lawyer in Hamilton, Ohio , like The Richards Firm, can help you understand your options and hold the responsible parties accountable for their actions.
What Is Emotional Distress in Nursing Home Abuse Cases?
Emotional distress refers to the mental suffering or anguish, psychological damage, and/or pain and suffering that a victim experiences due to another party’s negligence. In nursing homes, emotional distress can arise from a variety of abusive behaviors, including, but not limited to the following:
- Verbal Abuse: Yelling, threatening, or humiliating residents.
- Isolation: Intentionally ignoring residents, excluding them from social activities, or denying them contact with family members.
- Emotional Manipulation: Playing on a resident’s fears, vulnerabilities, or cognitive impairments.
- Psychological Abuse: Intimidation, gaslighting, or causing undue emotional harm by playing mind games.
Emotional distress can manifest in various ways, such as anxiety, depression, fear, withdrawal, and even physical symptoms like insomnia or unexplained medical issues. These effects can have a severe impact on a nursing home resident’s quality of life, making it essential to explore legal action with the help of a nursing home abuse lawyer in Hamilton, Ohio.
Legal Grounds for Nursing Home Negligence Claims with an Emotional Distress Component
While physical injury in a nursing home negligence case is somewhat more concrete and can be proven with medical records and bills, for instance, emotional distress claims can be more complex as the harm is not visible. For your loved one to have a viable emotional distress claim, you must establish the following legal grounds:
1. Negligence
Negligence occurs when a nursing home or staff member fails to meet the standard of care expected in such a setting, leading to emotional harm. For example, if a resident is neglected, isolated, or verbally abused, they may experience significant emotional distress. A nursing home abuse lawyer in Hamilton, Ohio can help gather evidence to show that the facility’s negligence directly caused the emotional suffering.
2. Intentional Infliction of Emotional Distress (IIED)
In some cases, emotional distress is caused by intentional acts of abuse or harm. For instance, if staff members deliberately scare or verbally abuse a resident to manipulate or control them, this could lead to an IIED claim. The standard to succeed with such a claim is extremely high and often relies on direct evidence in the form of testimony from the victim and corroboration from a medical provider.
3. Breach of Contract
Many nursing homes have contracts that outline the level of care residents are entitled to. If the facility violates this agreement by allowing emotional abuse or neglect to occur, they may be held liable for breaching their duty to provide safe and compassionate care. Some of those contracts require arbitration, which is a different process than courts provide for resolution of a case.
4. Violation of Resident Rights
Residents in nursing homes are protected by both state and federal regulations, such as the Nursing Home Reform Act and Ohio’s Nursing Home Reform Law of 1987, which work to mandate that nursing homes provide a safe environment free from abuse and other violations.
Evidence in Emotional Distress Cases
One of the biggest challenges in emotional distress cases is proving the harm that was caused. Unlike physical injuries, emotional distress often leaves no visible marks. However, with the right legal support, you can gather sufficient evidence to build a compelling case. Here’s how a nursing home abuse lawyer in Hamilton, Ohio can help you gather evidence:
Medical and Psychological Records
Medical professionals, including psychiatrists or psychologists, can evaluate the emotional and psychological impact of the abuse. Their reports can be powerful evidence in court.
Witness Testimony
Staff members, other residents, or family members may have witnessed the emotional abuse or neglect. Their testimony can provide valuable insight into the circumstances surrounding the abuse.
Behavioral Changes
Family members may notice significant behavioral changes in the resident, such as increased anxiety, depression, withdrawal, or agitation. Documenting these changes and showing how they correlate with the period of abuse can help support an emotional distress claim.
Documentation of the Abuse
Keeping a record of any incidents of emotional abuse, such as dates, times, and specific details of what occurred, can help establish a pattern of behavior. Photographs, videos, or audio recordings can also strengthen your case.
Compensation for Emotional Distress
If successful, an emotional distress claim can result in compensation for both economic and non-economic damages. Economic damages may cover any medical or psychological treatment required as a result of the emotional abuse. Non-economic damages include compensation for the pain and suffering endured by the resident. A nursing home abuse lawyer in Hamilton, Ohio will help ensure that all aspects of the emotional harm are accounted for in the claim.
Contact The Richards Firm to Seek Justice for Non-Physical Abuse
While nursing home abuse often brings to mind physical harm, emotional and psychological abuse can be equally devastating. If your loved one has suffered emotional distress due to neglect or intentional harm in a nursing home, The Richards Firm is here to help. Our experienced team of nursing home abuse lawyers in Hamilton, Ohio, will guide you through the legal process, assist with gathering essential evidence, and work tirelessly to hold those responsible accountable. Contact The Richards Firm today to pursue the justice and peace of mind your loved one deserves.
We can be reached at 513-341-5413 or visit us at https://richardsinjuryfirm.com.
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