Nursing home abuse is a sad reality that affects many individuals. Unfortunately, the abuse often goes unexposed by the victims, especially if they feel intimidated or ashamed by their caregivers.
Nursing home abuse is not an isolated incidence. Studies reveal that as many as one in four nursing home residents is physically or sexually abused by their caregiver over three months.
Abuse in nursing homes also relate to situations where a resident is obtaining care that's substandard, but not necessarily care or treatment that is purposely hurtful or harmful.
For instance, someone would be the victim of nursing home abuse and negligence if that person develops bed sores from a lack of being turned in on time.
In addition, nursing home negligence can arise when a caretaker won't provide their medications promptly and regularly or when someone is made ill because of generally unsanitary conditions.
Conditions that Lead to Abuse in Nursing Homes
All healthcare facilities initially intend to provide quality care for people. But, sadly, some of them fail to equip themselves adequately, and as a result abuse occurs.
Conditions that can lead to an abusive environment include understaffing, dangerous conditions, unsafe facilities, poor maintenance, overcapacity, and much more.
It’s important to watch out for such conditions as they can lead to abuse of your loved ones. Moreover, if you find any abuse in a nursing home, report the matter immediately.
Report Abuse and Get Medical Help Immediately
To report a nursing home abuse, you must first notify your medical provider of the abuse, as well as the facility management to stop the abuse. Whether you have suffered at the hands of a patient or staff member, you have rights, including the right to know how to report nursing home abuse.
It is never easy to speak about your experiences of abuse in a nursing home, or talk about the abuse that happened in a place that you had entrusted with the care of a loved one. But the family must be informed and do everything in their power to protect the elderly from future harm, including moving them to another safe and more caring environment.
Abuse in nursing homes is particularly dreadful because many victims can no longer voice out their abusive situation because of their health status or age complications. They are often powerless to control the situation and tend to just live in the abusive environment.
Always be on the lookout for any signs of abuse and negligence in nursing homes and take swift action.
Sue the Nursing Home for Abuse and Get Compensation
People who have been victims of this abuse and their families are legally entitled to protection and compensation. Therefore, when you see signs of abuse, you can also take legal action.
Nursing home abuse is a type of personal injury in legal terms. If abuse is proven, it can be appealed and prosecuted in a court of law. In which case, proper compensation shall be given.
The compensation will not erase the fact that the abuse did happen, nor will it wipe away its negative effect, but it can help with medical bills, the cost of facility transfer, and other expenses.
Find a lawyer with expertise in nursing home abuse and personal injury to prosecute the matter. Your lawyer will guide you in seeking justice and appropriate monetary compensation.
The law allows victims of nursing home abuse to recover damages from the facility for pain and suffering, mental anguish, loss of companionship, and emotional distress.
Overview of the Lawsuit Process for Nursing Home Abuse
Nursing home abuse lawyers are a 'dime a dozen these days and they can help you file a lawsuit. These attorneys are specialists focused primarily in helping people who have fallen victim to abusive behavior in nursing homes. They can be found in most law firms or online.
Nursing home abuse lawyers may not always help in injury or wrongful death cases if the abuse happened in violation of state law. ;But there are those who will help you in preparing for such a lawsuit. Indeed, there are cases where they can help you with your personal injury and wrongful death claims, even though these do not strictly fall under the category of nursing home abuse.
First, your lawyer will register a case against the nursing home for elder abuse and prepare all the documents necessary to present before the court of law. During this period, the elder abuse attorney may perform independent investigations on the nursing home and the custodians responsible for the health and welfare of the inmates.
They may also interact with the victim to gather more information, if medical professionals permit them to do so. This is particularly important in the event it is a serious case of abuse. The lawyer will also schedule suitable dates for the hearing and prepare for the court proceedings.
In wrongful death lawsuits, there is often no personal injury compensation and only compensation for pain and suffering. While you will get an attorney to help with this type of lawsuit, you still need a lawyer specializing in nursing home abuse cases as well.
Some states have passed laws allowing family members and legal representatives to seek damages if someone dies in their care. An experienced nursing home abuse lawyer will be able to advise you if this is an area you should pursue or whether your state has a statute of limitations.
Most nursing home abuse attorneys will only represent clients who have suffered physical injuries due to the abuse. It is not to say that these types of cases are not worthy of a personal injury claim; however, they are very rare.
Elder abuse and mistreatment can have a lasting, depressing effect on the patient and their family. It should be stopped completely and discouraged from ever happening.
If you or your loved one has been a victim of abuse or neglect in a nursing facility or home for older adults, you are entitled to compensation from the facility. Report any abuse to your doctor and get medical help before attempting to file a lawsuit against the facility.
If you decide to sue the facility, ensure the lawyer you choose to help with your lawsuit is qualified and competent as this will determine how successful you will be at the end of it.
The right lawyer such as an experienced nursing home abuse attorney will help you get full compensation to overcome the losses, physical pain, and mental stress.