ABUSE, WITH NO HARM?

It is a sad state of the world, when states have to create laws that prohibit abusing an elderly patient of a long term care facility… but because abuse happens, states have responded. Today I read a published case from Missouri where the Court held a nursing home administrator yelling at a resident in public, and HITTING him, constitutes abuse. What, someone actually argued that isn’t abuse? Yes, and their argument was based on the fact the resident suffered no physical or emotional harm.

Well, some (very mistaken person) could argue a dementia patient experiences no emotional harm when verbally abused because that person lacks short term memory… but that certainly does not excuse the abuse, justify it or put it in a class free from consequenes. So good job Missouri! Thank you for reminding us that the issue is not the consequence, but the act of abuse itself.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.