If you suspect that you or your loved one is a victim of nursing home abuse or neglect, the first priority is to ensure the victim is no longer in danger. The next priority is making sure that the victim’s legal rights are protected and that they have the opportunity to pursue justice. The way to do this is to contact a nursing home abuse lawyer.
Nursing home abuse lawyers are a special subset of personal injury or medical malpractice lawyers. These lawyers specialize in protecting the rights of the elderly, and helping their families pursue justice when abuse or neglect occurs.
Who is Responsible for Abuse or Neglect?
State agencies are responsible for the licensing and regulation of nursing homes and assisted living facilities. These agencies should ensure that staff abusing or neglecting residents are retrained, better supervised, terminated or even prosecuted for criminal misconduct. Furthermore, they should take action to stop the abuse or neglect and not ignore the severity of the situation.
If you suspect abuse or neglect, you want to ensure that your loved one continues to be safe. You make sure that they receive treatment for any short or long-term effects of the abuse. You also are likely concerned about the financial consequences of abuse and its aftermath.
Nursing home administrators may offer compensation and ask you or your loved one to sign documents releasing them from responsibility. They may attempt to charge your loved one for extra services needed to treat conditions caused by the abuse. Or they may obstruct your efforts to move your loved one to another facility, either temporarily to receive medical care, or permanently if memories of abuse are traumatic for your loved one.
Getting Help with Nursing Home Abuse
Any time there is suspicion of abuse or neglect, you should consult a nursing home abuse lawyer who can help advocate for you and your loved one. Most nursing homes have legal counsel looking out for the facilities’ interests. You and your elderly loved one need someone looking out for yours. A law firm that specializes in nursing home-related cases is your best chance for a successful outcome.
At Fight Nursing Home Abuse, our nursing home abuse lawyers help clients in the following ways:
At Fight Nursing Home Abuse, our lawyers will help you gather information that is relevant to your case. We will:
- Carefully review all related medical records.
- Gather evidence about your potential case, including videotapes and photographs.
- Review the facility’s business records to assess legality of hiring and training practices.
- Ensure that the nursing home or assisted living facility does not without access to information.
Building Your Case
Our nursing home abuse lawyers will do everything we can to build a strong case for you and/or your loved one. We will build your case by:
- Working alongside healthcare providers and medical experts to determine the exact cause of your, or your loved ones, injuries.
- Working with medical experts to determine anticipated future costs of care.
- Determine what non-economic damages may be applicable to your case.
The Discovery phase is the process where both sides get to request information and provide responses. At Fight Nursing Home Abuse, our lawyers will carefully navigate the Discovery process to make sure we do everything correctly. We will:
- Interview employees and residents of the facility.
- Interview witnesses, if applicable.
- Complete any necessary documents to file with the court.
- Respond to any requests from opposing counsel.
Regardless of whether you expect to file a lawsuit to have the best chance of obtaining compensation, it is a good idea to obtain legal help quickly.
Types of Cases Fight Nursing Home Abuse Can Help With
Our nursing home abuse lawyers know how to help you protect your rights and loved one. Our team has helped clients with cases involving:
Signs You Need a Nursing Home Abuse Lawyer
Many people ask how they know it’s time to contact a lawyer to discuss their situation. When it comes to nursing home abuse, there are definite warning signs that you can watch out for. How do you recognize the signs of nursing home abuse or the signs of nursing home neglect? Watch out for the following:
- Sudden changes in resident behavior (depression, anxiety, fearfulness)
- Unexplained injuries (bruising, falls, broken bones, etc.)
- Signs of sexual abuse or sexual assault (genital bruising, sexually-transmitted disease, etc.)
- The nursing home resident’s medical condition worsens
- The resident has developed bedsores
- There are signs of malnutrition and/or dehydration
- Your loved one spends a lot of time in the hospital
- Your loved one has sudden unexplained financial hardship
The statute of limitations – that is, the period of time after an injury or incident in which one can file a suit – vary based on the type of injury (physical, emotional or financial) and on the location in which the abuse or nursing home neglect took place. Federal legislation may also affect how long you and your loved one have to pursue compensation through the court system. It may also dictate the type and amount of damages that can be awarded.
Because laws and regulations regarding nursing homes are complex and vary from state to state, it is important to consult with a nursing home abuse lawyer who has experience in dealing with nursing home cases where your loved one resides – a factor to consider if the nursing home is in another state.
It is important to select a nursing home abuse and neglect lawyer who has experience with nursing home abuse cases.
A skilled lawyer should be knowledgeable in all aspects of abuse, including:
They should also have experience with cases involving nursing home neglect. These are all factors that affect seniors and their families. In addition to expertise in these areas, a nursing home abuse lawyer will have access to expert witnesses. Expert witnesses may include physicians, therapists, nutritionists, etc. These witnesses can review the situation and testify as to the quality of care provided by the nursing home. This is vital if you end up filing a nursing home abuse claim on behalf of your loved one.
If the unthinkable has happened, and you suspect that the death of your loved one was caused or hastened by abuse or neglect in a nursing home, a nursing home abuse attorney can help you determine whether or not to file a nursing home abuse lawsuit or wrongful death lawsuit.
We Can Help
If you or a loved one has been a victim of nursing home abuse or neglect, contact Fight Nursing Home Abuse. We can put you in touch with a nursing home abuse and neglect lawyer who will help ensure that your rights, and that of your loved one, are protected. To get started, give us a phone call at 1-866-548-9636. Also, you can fill out the contact form on the side of this page for a free case evaluation.
Fight Nursing Home Abuse helps clients throughout North America. Don’t wait to get the legal advice and support you need. Let our nursing home abuse lawyers get to work for you.