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Protecting Our Elders: Why We Need Nursing Home Abuse Lawyers

April 18, 2023

Protecting Our Elders: Why We Need Nursing Home Abuse Lawyers

As we age, it's natural for us to become more vulnerable. Our bodies become weaker, and we may develop illnesses or disabilities that make it difficult to care for ourselves. That's why nursing homes exist - to care for elderly individuals who can no longer care for themselves. However, nursing homes are not always the safe havens we hope them to be. Nursing home abuse and neglect is a growing problem in the United States. That's why we need nursing home abuse lawyers to protect our elders.

What is Nursing Home Abuse?

Nursing home abuse can take many forms, such as:

Signs of Nursing Home Abuse

Why We Need Nursing Home Abuse Lawyers

There are several signs of nursing home abuse that you should look out for if you or a loved one is in a nursing home or long-term care facility. Here are some of the most common signs:

Physical Injuries

Unexplained bruises, cuts, fractures, or other injuries may signify physical abuse.

Emotional Distress

Residents experiencing emotional abuse or neglect may display signs of depression, anxiety, or withdrawal.

Bedsores

Bedsores, also known as pressure ulcers, can be a sign of neglect, often resulting from being left in one position for too long without proper care.

Poor Hygiene

Residents experiencing neglect may display poor hygiene, such as soiled clothing or bedding, or have an unpleasant body odor.

Unexplained Weight Loss

Residents not being fed or hydrated adequately may experience unexplained weight loss.

Medication Errors

A resident not receiving the correct medication or dosage can be a sign of neglect or abuse.

Financial Exploitation

Residents experiencing financial exploitation may have unexplained withdrawals from their bank accounts or missing personal property.

Behavioral Changes

Residents who are being abused may exhibit behavioral changes such as fear or agitation or may be more withdrawn than usual.

Suppose you observe any of these signs or have other concerns about the care you or your loved one receive in a nursing home or long-term care facility. In that case, it's important to speak with a nursing home abuse lawyer or report the suspected abuse to the appropriate authorities.

What Do Nursing Home Abuse Lawyers Do?

Nursing home abuse attorneys represent elderly individuals who have experienced abuse, neglect, or exploitation in nursing homes or other long-term care facilities. Here are some of the specific things that nursing home abuse attorneys do:

Investigate Cases

Abuse lawyers will thoroughly investigate the case to determine the facts, identify the responsible parties, and gather evidence.

Determine Liability

Once the investigation is complete, nursing home abuse attorneys will assess whether there is a viable case and who can be held liable for the abuse or neglect.

File Lawsuits

If there is a case, nursing home abuse attorneys will file a lawsuit on behalf of the victim or their family. They will represent their clients in all aspects of the legal process, including mediation, settlement negotiations, and trial.

Seek Compensation

Elder abuse lawyers will seek compensation for their clients, including damages for medical bills, pain and suffering, emotional distress, and other losses resulting from the abuse or neglect.

Hold Facilities Accountable

Senior abuse lawyers may also seek to hold the nursing home or long-term care facility accountable for the abuse or neglect by filing complaints with state regulatory agencies or seeking sanctions against the facility.

Provide Support

In addition to representing their clients in a nursing home abuse lawsuit, nursing home abuse lawyers may also provide emotional support and guidance to their clients and their families throughout the process.

Overall, nursing home abuse lawyers are critical in helping elderly individuals who have suffered from abuse or neglect in nursing homes or other long-term care facilities to seek justice and compensation.

Why Are Nursing Home Abuse Lawyers Important?

Senior abuse lawyers are critical in advocating for elderly individuals who have experienced abuse, neglect, or exploitation in nursing homes or other long-term care facilities. Here are some of the reasons why nursing home abuse lawyers are essential:

Protect The Rights Of The Elderly

Nursing home abuse lawyers work to protect the rights of elderly individuals who are often vulnerable and may be unable to advocate for themselves.

Hold Abusers Accountable

By holding abusers accountable, elder abuse lawyers help to deter future abuse and neglect and improve the quality of care provided in nursing homes and long-term care facilities.

Improve Nursing Home Care

Nursing home abuse lawyers may also work to improve the quality of care provided in nursing homes and long-term care facilities by advocating for changes in regulations, policies, and practices that contribute to abuse and neglect.

Overall, nursing home abuse lawyers are essential advocates for the rights of elderly individuals and play a critical role in seeking justice for victims of abuse and neglect in nursing homes and other long-term care facilities.

What To Expect When Working with a Nursing Home Abuse Lawyer

Working with a nursing home abuse lawyer can be a positive and empowering experience for victims of nursing home abuse and their families. Here's what you can expect when working with a nursing home abuse lawyer:

Initial Consultation

You will begin by scheduling an initial consultation with a nursing home abuse lawyer. During this consultation, the lawyer will listen to your story, answer any questions you may have, and evaluate the potential strength of your case.

Investigation

If the Senior abuse lawyer takes your case, they will thoroughly investigate to gather evidence and identify the responsible parties. This may include reviewing medical records, interviewing witnesses, and consulting medical experts.

Legal Strategy

After the investigation, the nursing home abuse attorney will develop a legal strategy for your case. This may include:

  • negotiating a settlement
  • filing a lawsuit
  • or pursuing alternative dispute resolution methods

Communication

Throughout the process, your nursing home abuse lawyer will keep you informed about the progress of your case and any updates or developments. They will also be available to answer your questions and provide support.

Court Proceedings

If your case goes to trial, your nursing home abuse lawyer will represent you in court and argue on your behalf.

Compensation

If successful, your nursing home abuse attorney will seek compensation for damages such as medical bills, pain and suffering, emotional distress, and other losses resulting from the abuse or neglect.

How Common is Nursing Home Abuse?

Unfortunately, nursing home abuse is more common than we might think. According to the National Center on Elder Abuse, approximately 10% of elders in the United States experience some form of elder abuse each year. And because many elder abuse cases go unreported, the true number is likely much higher.

Nursing Home Abuse Stats

Nursing home abuse is a significant problem in America, and statistics suggest it is more widespread than many people realize. Here are some key statistics related to nursing home abuse in America:

  • According to a National Center on Elder Abuse study, 1 and 2 million Americans aged 65 or older have been subjected to some form of elder abuse, including nursing home abuse.
  • The same study found that 24.3% of nursing home residents reported experiencing at least one instance of physical abuse, while 27.5% reported at least one instance of verbal abuse.
  • Another study by the Special Investigations Division of the House Government Reform Committee found that nearly 1 in 3 nursing homes were cited for violations of federal standards that could cause harm or contribute to actual harm to a resident over a two-year period.
  • The National Ombudsman Reporting System reported 14,258 complaints of abuse, gross neglect, and exploitation in nursing homes in 2019 alone.
  • A New York State Elder Abuse Prevalence Study survey found that almost 1 in 5 nursing home residents experienced at least one episode of neglect in the year prior to the survey.
  • Elderly residents with dementia or cognitive impairment are at higher risk for abuse. According to the Alzheimer’s Association, up to half of all nursing home residents have some form of dementia.

These statistics underscore the urgent need for better protections for nursing home residents and increased attention to preventing nursing home abuse in America.

What Causes Nursing Home Abuse?

Nursing home abuse is a complex issue with many contributing factors. Here are some of the most common causes of nursing home abuse:

Understaffing

Many nursing homes are understaffed, which can lead to overworked staff and inadequate care for residents. This can result in neglect and abuse of residents.

Inadequate Training

Nursing home staff may not receive adequate training on how to care for elderly residents, particularly those with dementia or other complex medical conditions. This can lead to staff not knowing how to care for residents, resulting in neglect and abuse properly.

Poor Management

Nursing homes may have poor management practices, including insufficient oversight and accountability, which can contribute to abuse and neglect.

Lack of Resources

Nursing homes may lack the necessary resources, including funding, equipment, and staff, to provide quality care for residents. This can lead to neglect and abuse of residents.

Personal Problems Of Staff

Some nursing home staff may have personal problems or issues that make it difficult for them to provide quality care. This can include drug or alcohol abuse, mental health issues, or personal conflicts.

Culture of Silence

Nursing home abuse may also occur due to a culture of silence or fear. Staff or residents are afraid to report abuse or neglect for fear of retaliation or other consequences.

It's important to note that nursing home abuse is never acceptable, regardless of the underlying causes. Nursing homes are legally obligated to provide a safe and secure environment for their residents. Those who fail to meet these obligations can be held accountable through legal action.

Why Do Nursing Home Abuse Cases Go Unreported?

There are a few reasons. For one, elderly individuals may be afraid to speak up about abuse because they fear retaliation or because they feel ashamed. Additionally, some elderly individuals may be unable to speak up about abuse because of physical or cognitive limitations. Finally, some nursing home staff may actively work to cover up instances of abuse or neglect to protect their own jobs or reputations.

That's where nursing home abuse attorneys come in. These attorneys are trained to recognize signs of abuse and neglect in nursing home settings, and they can work with victims and their families to hold nursing homes accountable for their actions.

How Much Does a Nursing Home Abuse Attorney Cost?

Most nursing home abuse lawyers work on a contingency basis for nursing home abuse claims. A contingency fee basis means they do not charge you anything unless you win a settlement in or out of court. This fee structure ensures the personal injury lawyers work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time.

Do You Have a Nursing Home Abuse Claim?

Contact Senior Advocate Center for a FREE consultation to learn if you have a case.

Do You Have A Claim?

If you or a loved one may be the victim of nursing home abuse or neglect, report it here. You may be entitled to compensation for pain and suffering.

Our expert partner attorneys offer free consultations for your claim.