Sick and elderly residents of nursing homes require a lot more medical care than most people, which makes it more severe when a caregiver neglects them and fails in their duty. Neglect can take many forms. Sometimes, it is deliberate, whereas other times, it is completely accidental. In Rhode Island, it is important to know how to distinguish the two because both because the court examines malpractice and abuse differently.
The key differences between malpractice and abuse in nursing homes
Medical malpractice in a nursing home refers to when nurses fail to provide the residents with adequate care, causing them harm, distress or illness due to their negligence. Malpractice often has no malicious intent and is instead a reflection of a nurse’s inability to meet their standard of care.
- Administering the wrong medication or missing doses
- Failing to implement measures to protect the people under their care
- Forgetting to clean equipment and rooms, leading to unsanitary conditions
- Not providing residents with enough food and water, causing health problems
- Neglecting to monitor the conditions of residents and record important details
On the other hand, abuse in a nursing home refers to when a caregiver breaches professional standards and acts without the people under their care’s best interests in mind. Abuse refers to conscious acts that harm or take advantage of the residents living in a nursing home. In Rhode Island, abuse takes many forms and examples commonly include:
- Hitting, kicking, slapping or handling residents roughly to cause physical harm
- Emotionally or verbally abusing residents
- Sexually abusing or exploiting residents
- Taking financial advantage of residents, either by stealing from them or coercing them into giving them money
- Deliberately neglecting or ignoring the needs of residents
Both malpractice and abuse are similar in how they revolve around a care provider failing in their duty to the people they should be protecting. However, what differentiates the two is the intent and how deliberate they were with their negligence.
Seeking compensation for nursing home malpractice
In Rhode Island, medical malpractice is not a crime. However, if a caregiver harms you or a loved one in a nursing home, you can file a lawsuit against them. This way, you can receive financial compensation for a caregiver’s negligence, especially if their errors injure someone or make existing health conditions worse as a result of their neglect.