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Elder abuse is one of the most serious issues facing older adults today. It can take many forms, including physical, emotional, and financial exploitation. Unfortunately, too often, the most vulnerable victims are those living in nursing homes.
If you believe that a loved one has been the victim of nursing home abuse, it is important to take immediate action. And one of the best ways to do so is by hiring an experienced nursing home abuse lawyer.
The team at CEO Lawyer Personal Injury Law Firm is experienced, knowledgeable, and incredibly sensitive when it comes to this issue. They’re here to meet with your family to figure out how, together, you can fight for the justice your loved one deserves.
Reach out to schedule a free, confidential case review. We’ll help you understand your legal options and what strategies you can use to claim all damages that have been suffered.
How a Nursing Home Abuse Attorney Can Help Victims
Victims of elder abuse often feel powerless. More often than not, they’ll rely on another party to report the abuse, but it can be difficult to know how (or when) to seek justice.
Taking action against a nursing home for negligence does not have to be a daunting task. A nursing home abuse lawyer can lead the charge by helping you understand your legal rights and ultimately taking the reigns to build a strong case against the facility responsible.
Here are just a few of the ways that a nursing home abuse lawyer can help:
- Investigate claims: A nursing home abuse lawyer will thoroughly review evidence and research to determine liability and identify any other parties responsible for facilitating the abuse.
- Negotiate settlements: An experienced lawyer can negotiate on behalf of their clients with insurance companies in order to secure fair compensation for damages suffered due to neglect or mistreatment.
- Represent victims in court: A lawyer can also represent victims if their case goes to trial, ensuring that their rights are safeguarded throughout the process.
Choosing the right lawyer can be difficult, but it is critical in order to ensure that your elderly loved one is taken care of properly and receives justice for any suffering endured. As personal as the issue may feel, this is not a fight you want to take on by yourself.
Understanding Nursing Home Abuse Laws
Families have the right to expect their elderly loved ones will be safe and well-cared for in nursing homes. Unfortunately, many nursing home residents suffer abuse or neglect in their facilities, leaving them with mental health issues, physical injuries, or even death.
To protect these vulnerable citizens, the federal government has passed laws that can help you hold those responsible for elder abuse accountable. Every state has its own elder abuse laws, but some of the most important pieces of legislation include:
- The Elder Justice Act: This act gives federal support for states to investigate and prosecute elder abuse cases. It also encourages victims to report their experiences and protects them from being retaliated against for doing so.
- The Nursing Home Reform Act: 2015’s Nursing Home Reform Act ensures that individuals residing in nursing homes receive quality care and adequate living conditions, including freedom from abuse and neglect. It also requires all staff members working in nursing homes to be properly trained on how to handle difficult situations with patience and respect.
This legislation offers an essential first step in protecting your family and preserving their rights, but it’s even more powerful when it’s brought to the hands of the best legal team. With the right legal representation, victims have a powerful ally in protecting their rights and ensuring justice is served.
What Is Considered Nursing Home Abuse?
Nursing home abuse can take many forms, but at its core, it is any behavior that causes harm to a vulnerable elder. This can include physical, emotional, and even financial abuse.
Physical abuse involves hitting or otherwise harming the resident, force-feeding them against their will, neglecting them, or leaving them in a hazardous environment. Neglect can also be characterized as withholding of food and water or physical needs, such as bathroom assistance.
Emotional abuse includes verbal threats or insults, such as name-calling and belittling behavior. It may also be expressed through non-verbal communication, such as eye-rolling at requests for medical interventions and forms of nonverbal threats.
Financial abuse occurs when nursing homes use their financial power to take advantage of the resident they care for. This usually happens when a nursing home staff member convinces the resident to sign over their finances or otherwise manipulates them into doing something they don’t want to do with their money.
Elder sexual abuse is an uncomfortable topic yet all-too-common in nursing homes, with over 800 reports investigated in 2019.
Nursing home abuse is a serious issue and should always be reported immediately if you suspect it is occurring at your loved one’s facility.
What Warning Signs of Abuse Should I Look Out for in Nursing Homes?
When it comes to spotting nursing home abuse, there is a wide range of warning signs you should look out for. These include physical or verbal assault, improper use of restraints, and neglect of basic care needs. These should be reported immediately.
Other red flags may signal additional physical or mental abuse. Physical signs like unexplained injuries, bedsores, weight loss (or malnutrition), dehydration, and infections should all be cause for alarm.
Mental signs like anxiety, fearfulness around certain caregivers, sudden changes in mood or behavior, depression, or withdrawal from activities that were once enjoyed should also always be taken seriously.
How Common is Nursing Home Abuse?
Unfortunately, nursing home abuse is all too common in the United States. Today, it’s estimated that about five million elder abuse cases are filed each year, and roughly 10% of people over the age of 60 report having been abused.
Moreover, the National Center for Victims of Crime found that 66% of elder abuse victims were women, and it’s often found that individuals who were previously abused or were previous victims of some sort of traumatic event are more likely to become abuse victims again.
Worst of all, the National Council on Aging found that individuals with poor mental or physical health are more likely to be abused in nursing home facilities, with roughly 50% of elders with dementia experiencing abuse or neglect.
That said, like all other crimes, many instances of abuse go unreported each year. That’s why it’s so important to report any abuse you or your loved one experienced to ensure that the responsible party will be held accountable.
What to Look for When Choosing a Nursing Home Abuse Lawyer
If you or a loved one has been the victim of elder abuse, it’s important to take action quickly and find a qualified attorney to represent your case. But with so many available, how can you make sure you choose the right one?
Here are some key qualities to look for:
Experience
Choose an attorney who has experience and specialized knowledge in nursing home abuse cases. Look for someone who knows the law and is familiar with the signs of elder abuse, as well as the regulations and prior case rulings that govern nursing home providers in your state.
Compassion
Your attorney should be compassionate towards you and your loved one’s situation. They should understand both the physical and emotional trauma that victims of elder abuse may have experienced and be committed to seeking justice for them.
Accessibility
Make sure your attorney is easy to communicate with and available when you need them. They should be willing to answer your questions, explain complicated legal matters in terms you can understand, and provide prompt updates on progress made in your case.
The Impact of a Nursing Home Abuse Lawsuit
Many elder abuse tort claims can be settled out-of-court, but some will need to advance to a lawsuit to find success. Filing a lawsuit grants certain powers and protections, including the ability to preserve and gather as much evidence as possible.
Only a small percentage of civil tort claims proceed to trial, even those that involve a lawsuit. Nevertheless, a jury trial may be the most prudent path for certain cases, especially when the at-fault party refuses to accept liability.
At times, it may be difficult to justify bringing your family member’s case to court. For cases that involve anything short of physical abuse, it may be too intimidating to imagine going through with the entire legal process — but don’t let that deter you from seeking justice.
Consider the fact that your loved one’s experience could be a warning sign for a larger system of abuse. It also may lead to long-term emotional effects that go from difficult to devastating down the line.
Moreover, in addition to helping your family win your own case, a skilled nursing home abuse lawyer can also help you advocate for changes in local or state-wide regulations that can help prevent future instances of elder abuse.
They can also help your loved one secure the compensation or care they need to deal with any painful memories, experiences, or other hardships.
So at the end of the day, remember that nursing home abuse is definitely not something to take lightly. It should be addressed immediately by experienced professionals who can help victims obtain justice and perhaps even shape better laws to protect elderly populations from harm.
Who Can Be Held Liable in a Nursing Home Abuse Case?
Nursing home abuse can take many forms, and the perpetrators can range from employees to administrators to frequent visitors. In any case, a nursing home abuse lawyer can help hold those responsible accountable for the harm done to residents.
When investigating a nursing home abuse case, there are several parties who may be held liable:
- The facility owner or administrator
- Healthcare providers employed by the facility, such as doctors, nurses, and other healthcare professionals
- Psychologists and social workers employed by the facility
- Outside contractors or third-party organizations providing services to the facility
- Pharmaceutical companies that supply drugs directly to the facility
What Damages Can I Claim in a Nursing Home Abuse Case?
If you or someone you love is a victim of nursing home abuse, you may be entitled to damages in a nursing home abuse lawsuit. Here is what types of damages might be available:
Economic Damages
Economic damages may include medical bills and other costs related to the abuse that has come with a heavy financial burden. This includes hospital stays, physical and mental therapy expenses, medication, and lost wages.
If the nursing home abuse has resulted in death or permanent disability, additional economic damages may be collected.
Non-Economic Damages
Non-economic damages are meant to address any emotional pain and suffering endured by the victim and family members due to the wrongful actions of those responsible for their care.
This category of compensation may cover physical pain, emotional distress, and suffering, as well as even more heartbreaking issues like loss of companionship or consortium, loss of enjoyment of life, and humiliation from being neglected or abused in any way.
Other Compensation Available
In some cases, punitive damages may be applied to punish the responsible parties for their negligent behavior. This type of compensation is not always available but is only awarded when there is clear evidence that reckless behavior has taken place.
Additionally, attorneys’ fees may be covered under certain circumstances as well.
A nursing home abuse lawyer can help you determine what type of compensation you or your family members are entitled to in a nursing home abuse case.
Contact an Experienced Nursing Home Abuse Lawyer Today
Nursing home abuse is a persistent and growing problem, but individuals can take action to stand up for their rights
An experienced nursing home abuse lawyer can be the key to protecting vulnerable populations, providing legal counsel and representation when those who cannot defend themselves may be in danger.
The CEO Lawyer Personal Injury Law Firm team will do everything in their power to fight as hard as possible to hold negligent parties accountable, pursuing financial compensation and justice on behalf of victims and their families.
When working on contingency, you won’t have to pay your legal team unless you win your case, so you know they’ll fight for you with everything they’ve got.
Working together, our team can ensure that our elders are protected against nursing home abuse now and well into the future. So make sure to report any warning signs today because every elder deserves to enjoy their golden years in safety and dignity.
Contact us online, or call us at (833)254-2923 now to schedule your free, confidential case review with no obligation to continue working together afterward. Our sole goal is to help you get the information and assistance you need.