SEEKING COMPENSATION FOR DAMAGES RELATED TO MENTAL ABUSE
If your loved one is being mentally abused by his or her caregivers, you have the responsibility to get him or her out of that environment and into a new facility where he or she is safe from harm. Regardless of whether you choose to file a nursing home abuse claim or the result of your claim, protect your loved one by moving him our her away from the abuse.
After ensuring your loved one’s safety, report the abuse to the Minnesota Department of Health Adult Abuse Reporting Center. The Department of Health will investigate your report and if necessary, take action to protect the other residents in the facility and prevent further abuse. A record of your report will also be an important piece of evidence to support your claim.
Through a nursing home abuse claim, you may recover compensation for the following damages:
- Your loved one’s medical expenses related to the abuse;
- The cost of moving your loved one to a new facility;
- Any additional expenses related to your loved one’s experience with the abuse, such as the cost of psychological counseling for him or her; and
- Punitive damages for the facility’s violations of your loved one’s rights.
If the abuse leads to your loved one’s death, you may file a wrongful death claim to pursue compensation for damages related to the death, such as your loved one’s funeral expenses.
Proving that mental abuse occurred can be difficult, but it is not impossible. Evidence you can use to support your claim can include:
- Documentation from your loved one’s counselor discussing the psychological effects of the abuse;
- Your loved one’s medical bills for medical care received related to the physical effects of mental abuse;
- Testimonies from other staff members, other residents, and any additional parties who witnessed the abuse; and
- Documentation of any policies your loved one faced, either institutional or imposed individually by his or her caretaker, that limited his or her freedom to live safely, treated him or her without dignity, violated his or her right to privacy, limited his or her access to information about the facility or his or her own medical care, or created a culture where residents were afraid to speak up about their experiences for fear of retaliation.
WORK WITH AN EXPERIENCED MN NURSING HOME MENTAL ABUSE ATTORNEY
If your loved one’s health worsened because of the mental abuse he or she faced in a nursing home, you have the right and the responsibility to act on his or her behalf to seek compensation for all damages related to the abuse. Invest in your loved one’s case by working with an experienced mental abuse in nursing home attorney who can give the case the time and dedication it needs. Contact our team at Kosieradzki Smith Law Firm LLC today to schedule your free consultation in our office.
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