What is the difference between malpractice and abuse in nursing homes?
The difference between malpractice and abuse in nursing homes is that malpractice refers to negligence and a failure to provide adequate care to residents of a nursing home. Malpractice can include intentional acts of withholding medical treatment, incorrectly administering medicines, or not following professional standards of care. Abuse, on the other hand, refers to physical, emotional, psychological, or financial harm that is intentional and unconsented. In Texas, nursing home abuse and neglect is covered under the Texas Civil Practice & Remedies Code. For both abuse and neglect, the nursing home is accountable for damages, but there are differences in how these two cases are handled. Abuse in nursing homes is a crime and can result in criminal penalties, whereas malpractice is a civil matter in which the facility can be held liable for paying damages. In cases of malpractice, you may be able to seek compensation for medical costs, pain and suffering, and other expenses related to the injury or illness. With abuse, the person responsible for the harm can be charged with a crime and the court can order that they pay fines or even face jail time for their actions. In summary, malpractice is an act of carelessness or neglect in a nursing home, while abuse is a crime in which someone intentionally harms a resident of the nursing home. There are different laws and punishments that apply to each.
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