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What is Nursing Home Neglect and Abuse?

Seattle Nursing Home Abuse Attorney

NEGLECT is (a) a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or (b) an act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety. It includes:

  • Incorrect body positioning which leads to contractures and skin breakdown
  • Lack of toileting or changing disposable briefs
  • Lack of assistance with eating and drinking
  • Lack of assistance with walking
  • Lack of bathing
  • Lack of supervision to prevent falls/accidents
  • Medication errors
  • Ignoring call bells or cries for help

Nursing Home Abuse Cases in Seattle

ABUSE is the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a vulnerable adult.

In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish.

  • Sexual abuse is any form of nonconsensual sexual contact, including unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment. Sexual abuse includes any sexual contact between a staff person, who is not also a resident or client of a facility, whether or not it is consensual, and a vulnerable adult who is living in such a facility.
  • Physical abuse means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse includes striking with or without an object, slapping, pinching, choking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used inappropriately.
  • Mental abuse means any willful action or inaction of mental or verbal abuse. Mental abuse includes coercion, harassment, inappropriately isolating a vulnerable adult from family, friends, or regular activity, and verbal assault that includes ridiculing, intimidating, yelling, or swearing.
  • Exploitation means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.

Attorney Joanne R. Werner, R.N., M.S., J.D., represents clients throughout Washington State, including King County, Pierce County, Spokane County, Whatcom County, and Yakima County and the communities of Seattle, Bellingham, Spokane, Tacoma, Yakima, Seattle and Puget Sound area.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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