What is the difference between intentional and unintentional abuse in a nursing home?
The difference between intentional and unintentional abuse in a nursing home is based on the intent behind the action. Intentional abuse is defined as any act or omission by a caregiver or another person that causes harm to a nursing home resident. This type of abuse includes physical, sexual, and psychological abuse as well as financial exploitation and active neglect. Intentional abuse is premeditated and done with the intention of causing harm to the resident. Unintentional abuse is defined as any act or omission by a caregiver or another person that causes harm to a nursing home resident without any malicious intent. Unintentional abuse can include failing to provide a resident with enough food or water or failing to maintain the cleanliness of the facility. Unintentional abuse can also include failing to provide proper medical care, failing to provide proper supervision, or failing to recognize signs of abuse or neglect. In Texas, nursing home abuse is a crime and is considered to be a form of elder abuse or neglect, which is a civil and criminal offense. Individuals who are found to have committed intentional abuse can face forced eviction from the nursing home, criminal prosecution, and civil actions for damages. Alternatively, individuals who are found to have committed unintentional abuse may face civil penalties, fines, or other consequences.
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