It is a sad fact of many nursing homes today that misconduct occurs almost routinely. It is often very difficult on families when it becomes necessary to place a loved one in a nursing home. One would hope that the staff is trustworthy, professional and kind, but, unfortunately, this is not always the case. If you discover that your loved one has become the victim of misconduct in the facility, it is very important that you hire a Tampa nursing home abuse attorney right away.
Simple Misconduct Defined
In legal terms, misconduct involves conduct that is wrongful, improper, criminal and is carried out with intent. For the purposes of a criminal action, misconduct is divided into simple and gross misconduct. The former a much lower level of impropriety. As applied to nursing home abuse, simple misconduct, then, is inappropriate or wrongful conduct that does not rise to the level of a serious crime but nonetheless causes harm to the resident.
Types of Simple Misconduct
Nurses and staff in these facilities by the nature of their position owe a duty of care to make sure that the well-being of your loved one is provided to a degree that is reasonable. If they fail in this duty and some loss is suffered, then you may have grounds for a lawsuit. A Tampa nursing home abuse lawyer will tell you that absent some such loss you do not have a case. The loss may be physical, emotional or financial.
Your Tampa nursing home abuse attorney will discuss your case on your first meeting, and make a determination about what sort of misconduct has been perpetrated:
• Physical abuse including threats, intimidation and assault.
• Financial abuse such identity theft, theft of money from a purse or theft of personal items.
• Emotional abuse such as when staff ignores a patient, yells at him or otherwise verbally abuses him. In some cases, a patient will be excluded from activities with others as a punishment.
• Neglect means denying the patient their basic, physical, emotional or other human needs.
Call a Tampa Nursing Home Abuse Attorney Today
If you believe that your loved one has become a victim of misconduct, consult with a Tampa nursing home abuse lawyer today. Call Peter Giroux at (727) 895-5399.