Physical Abuse Lawyer - Elder Abuse Should Never Happen
Physical Abuse Attorney. Physical Abuse Attorney. In the many hundreds nursing home and other elder abuse cases I have handled the issue is normally preventable neglect or some form of abuse by omission. Unfortunately, there have been numerous situations where there has been intentional infliction of physical abuse in the form of hitting, slapping, beating and punishing residents. There is never justification for harming any resident in a care facility. They are all vulnerable adults by legal definition and in reality and need protection.
I know how to get accountability for incidents of abuse to those least able to protect themselves. The facility has a legal duty to protect residents from staff and other residents which may cause them harm.
Residents Have a Right to Be Free From Assault and Abuse
Physical Abuse Attorney.
(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;
(2) the use of drugs to injure or facilitate crime as defined in section 609.235;
(3) the solicitation, inducement, and promotion of prostitution as defined in section 609.322; and
(4) criminal sexual conduct in the first through fifth degrees as defined in sections 609.342 to 609.3451.
A violation includes any action that meets the elements of the crime, regardless of whether there is a criminal proceeding or conviction.
(b) Conduct which is not an accident or therapeutic conduct as defined in this section, which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following:
(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult;
(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening; or
(3) use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult unless authorized under applicable licensing requirements or Minnesota Rules, chapter 9544.
(c) Any sexual contact or penetration as defined in section 609.341, between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.
(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another.
Contact an Experienced Attorney to Discuss Your Case
If you have concerns about physical or sexual abuse to a resident or other care issues in a nursing home or assisted living facility contact attorney Kenneth LaBore for a free consultation at 612-743-9048.
