When most people think of nursing home abuse, their mind goes to incites images of misconduct by staffers. When these stories are in the news, they typically involve tales of misconduct from the employees who are tasked with taking care of the elderly residents. These stories often expose negligence resulting from poor training or malicious behavior on the part of those employed by the facilities.

There is another cause of nursing home violence that is perhaps even more common than that which involves caretakers; however, the fact that this form of abuse often goes untold makes it a surprise to many. Unfortunately, many acts of nursing home abuse involve bullying by other nursing home residents.

Up to one in five nursing home residents are abused by fellow residents

A recent study published by the Center for Aging Research and Clinical Care found that as many as 20 percent of elderly residents who live in nursing homes have been subjected to mistreatment as a result of the words or actions of their neighbors. According to the study, which viewed more than 2000 nursing home residents, more than 400 residents were the victims of abuse by fellow residents. The majority of these acts tend to involve verbal assaults, including name-calling. The remaining abuse is physical in nature. According to the study, physical acts of abuse include:

· Sexual assault

· Physical violence, such as being run over by a wheelchair

· Stealing food or personal belongings

Clearly, nursing home facilities must do more to minimize these acts of assault. According to the authors of the study, creating a more welcoming environment could reduce stress on nursing home residents, especially those with dementia. More lighting and less noise could soothe patients and make people less likely to act out. Without protection, anyone’s parents or grandparents could become victims.

If you suspect nursing home abuse or neglect of any kind, our team at Williams Newman Williams PLLC can help you examine your options and guide you through any potential legal process that may lie ahead. Based in Jackson, our law firm works with families across Mississippi.

We’ve been looking in recent posts at the federal hours of service rules and the ongoing developments regarding the 34-hour restart rule. As we pointed out last time, the whole discussion of trucking safety, rules and regulations is an important not only because it directly impacts highway safety, but also because it impacts the ability of those harmed in trucking accidents to recover damages from negligent truck drivers.

In any personal injury case, building a solid case requires that a plaintiff prove various elements to establish liability. Generally speaking, there are four primary elements that must be supported with reliable evidence: duty; breach; causation; and harm. Without meeting the requirements of each of these elements, an accident victim does not have a meritorious case.

Trucking safety regulations relate to the duty aspect of personal injury litigation. To establish duty, a plaintiff must demonstrate that the defendant was bound by some legal duty at the time of the accident. This can be any number of things, including: the duty to follow traffic regulations; the duty to keep a commercial motor vehicle properly maintained; the duty to comply with federal hours of service rules; or just the general duty to exercise reasonable care in the operation of a motor vehicle.

The more strongly a plaintiff is able to establish both the defendant’s duty and the breach of that duty, the more meritorious his or her case will be in court, assuming causation and harm can be adequately proven. Working with an experienced personal injury attorney can help ensure a truck accident victim will have the strongest possible case and put the best foot forward in court.