Is There a Difference Between Abuse and Neglect?

Is There a Difference Between Abuse and Neglect?

Nursing homes are meant to provide a safe and nurturing environment for older adults who require assistance with daily activities and medical care. Disturbing reports of abuse and neglect within nursing home facilities have raised concerns about the well-being of residents. For people concerned that a family member is being abused, neglected, or both in their nursing home, it is essential to understand that there are important distinctions between abuse and neglect in Illinois. Hire a lawyer to ensure that a legal professional can thoroughly examine your concerns and that your loved one can get the help they need to end the mistreatment they are suffering from.

Defining Abuse in Nursing Homes

Abuse refers to harm intentionally inflicted upon someone living in a nursing home by a staff member or another person living at the facility. Abuse can take various forms, such as physical, emotional, sexual, or financial. Physical abuse typically includes the use of force, which can result in injuries, including bruises, fractures, or even death. Emotional abuse may consist of intimidation, humiliation, or causing someone to suffer from psychological distress. Sexual abuse involves non-consensual sexual contact or activity. Finally, financial abuse involves the unauthorized use or control of a resident’s assets or funds for personal gain. 

Defining Neglect in Nursing Homes

On the other hand, neglect refers to the failure of nursing home staff to fulfill their duty of care, resulting in harm or risk to residents. Neglect can be intentional or unintentional, often resulting from staffing shortages, training, or lack of resources. Different types of neglect include medical neglect, where residents are denied medical care or medication. Basic needs neglect also exists, where residents suffer from inadequate nutrition, hydration, hygiene, or living conditions. Negligence can lead to serious health complications or death. 

Important Legal Distinctions Between Abuse and Neglect 

While abuse and neglect are serious concerns in nursing homes, they are legally distinct. Abuse involves intentional harm, while neglect involves the failure to provide proper care. In legal terms, abuse is considered a criminal offense, and perpetrators can face criminal charges. Neglect, however, is typically treated as a civil offense, resulting in liability for the nursing home and potential financial compensation for the affected resident or their family.

Contact a Peoria Nursing Home Abuse Attorney

The thought of a loved one being mistreated in a nursing home is unimaginable. If this is happening to someone you love, understand that you have options. Contact the experienced Peoria County nursing home abuse lawyers with Nursing Home Injury Center. Call 309-524-6900 for a free consultation. 

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