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When to Hire a Nursing Home Abuse Lawyer: A Guide for Families

April 18, 2023
When to Hire a Nursing Home Abuse Lawyer

When to Hire a Nursing Home Abuse Lawyer: A Guide for Families

When a loved one lives in a nursing home, families trust that their elderly family member will be well-cared for and protected. However, the unfortunate reality is that elder abuse and neglect is a nationwide pervasive problem in nursing homes. When such abuse or neglect occurs, it can be difficult for families to know how to proceed. This is where a nursing home abuse lawyer can help.

When to Hire a Nursing Home Abuse Lawyer

Hire a Nursing Home Abuse Lawyer

If you suspect your loved one is being mistreated in a nursing home, it is essential to take action immediately. Here are some situations in which hiring a nursing home abuse lawyer may be necessary:

Your Loved One Has Suffered Physical Abuse Or Neglect

This can include unexplained:

  • bruises
  • cuts
  • broken bones
  • bedsores
  • malnutrition
  • or dehydration.

If you notice any signs of physical abuse or neglect, it is vital to seek legal help immediately.

Your Loved One Has Suffered Emotional Abuse

Emotional abuse can be just as damaging as physical abuse. If your loved one is being yelled at, humiliated, or intimidated by staff members, this can severely impact their well-being. A nursing home abuse lawyer can help you determine whether emotional abuse occurs and take appropriate legal action.

Your Loved One Has Been Financially Exploited

Unfortunately, some nursing home staff members abuse vulnerable residents by stealing their money or property. If you suspect that this has happened to your loved one, a nursing home abuse lawyer can help you pursue legal action to recover their losses.

The Nursing Home Has Violated Your Loved One's Rights

Nursing home residents have certain rights, including the right to be free from abuse, the right to privacy, and the right to receive adequate medical care. If the nursing home has violated your loved one's rights in any way, a nursing home abuse lawyer can help you hold them accountable.

The Nursing Home Has Failed To Provide Adequate Care

If your loved one is not receiving the care they need, it may be due to understaffing, inadequate training, or other issues within the nursing home. A nursing home abuse lawyer can help you investigate the situation and take legal action to ensure your loved one receives the care they deserve.

How Much Does a Nursing Home Abuse Lawyer Cost?

Most nursing home abuse lawyers work on contingency. Contingency means you are not charged anything unless you win a settlement in or out of court. This fee structure ensures your lawyer works hard for your case and that you don't have even more out-of-pocket expenses during a stressful time.

What is Nursing Home Abuse?

Nursing home abuse refers to any form of mistreatment or neglect of a resident in a long-term care facility. This can include:

Physical abuse can include:

  • hitting
  • pushing
  • or restraining a resident.

Emotional abuse can include:

  • yelling
  • belittling
  • or isolating a resident.

Sexual abuse can include any unwanted sexual contact or advances towards a resident.

Financial exploitation can include stealing or misusing a resident’s money or property.

Neglect can include failing to provide a resident with necessary care or medical attention.

What to Do if You Suspect Nursing Home Abuse

If you suspect your loved one is being abused in a nursing home, taking action immediately is vital. Contact the nursing home administrator and report your concerns. If you believe your loved one is in immediate danger, call 911.

Damages You Can Pursue in a Nursing Home Abuse Lawsuit

You can pursue many types of damages in a nursing home abuse lawsuit. Some of those are:

Economic Damages

Economic damages are losses that arise from an injury or harm to another’s property, business, or finances. Economic damages include:

  • Past medical expenses
  • Future medical expenses

Non-Economic Damages

Non-economic damages are types of damages in personal injury cases that cannot be quantified or measured. These include:

  • pain and suffering
  • emotional distress
  • inconvenience
  • destruction of one's quality of life
  • scarring or disfigurement

Punitive Damages

Punitive damages are a type of legal damages that a court will award to punish the wrongdoer for egregious misconduct or to set an example for other potential violators. They are generally in addition to any other compensatory damages that were awarded.

Special Damages

Special damages, also known as consequential damages, do not occur directly from a breach but are considered a consequence of that breach. They include economic losses such as lost profits or the cost of repair or replacement. They may also include other losses such as emotional distress due to the breach.

Conclusion

Nursing home abuse is a serious issue that should not be taken lightly. It’s important to be aware of the signs of abuse and take action if you suspect your loved one is being mistreated. By speaking up, you can help protect the safety and well-being of our elderly loved ones. If you believe that your loved one has been the victim of nursing home abuse or neglect, it is important to act quickly. Contact a nursing home abuse lawyer to discuss your legal options and protect your loved one's rights.

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.