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Your Top Resource For Elder Abuse & Neglect
Nursing home neglect is a serious issue that can lead to injury or even death of a resident. When basic standards of care are not met, it is considered neglect and can be grounds for legal action. A nursing home neglect lawyer, also known as a nursing home negligence lawyer, specializes in cases involving the mistreatment of elderly residents in nursing homes. These attorneys know the laws and regulations governing nursing homes and can provide legal advice to families who have experienced abuse or neglect.
When a loved one is the victim of nursing home abuse, it can be difficult to know where to seek help. A nursing home abuse attorney can provide invaluable assistance in such cases. An experienced lawyer will guide victims and their families through the legal process and help them access financial compensation for their harm. Working with an experienced nursing home lawyer gives families a better chance of receiving compensation for medical malpractice, medication errors, or other neglect or abuse that may have occurred in a nursing home setting.
Nursing home neglect can happen in many forms, such as the failure to provide food, water, clothing, or medication as needed. Inadequate hygiene can also be a form of negligence. Other types of nursing home neglect include inadequate staffing and supervision, unsanitary conditions, and lack of activities or stimulation. Neglect may also involve physical abuse or emotional abuse. The most severe consequence of nursing home neglect is death from either malnutrition or injury due to a fall.
Bed sores are among nursing homes' most severe signs of physical neglect. Bed sores, also known as decubitus pressure ulcers, can develop when someone is confined to bed for too long. The pressure on the skin causes sores to form and, if left untreated, can become infected and endanger the health and lives of residents. Our attorneys have seen tragic cases where bedsores have become infected due to negligence.
Seniors living in nursing homes are vulnerable to emotional neglect, which can severely impact their quality of life. Emotional neglect occurs when the basic needs of seniors are not met, such as feeling safe and secure, having meaningful relationships with others, and being able to express themselves. This type of neglect can manifest itself in many ways, from residents feeling anxious or depressed due to medical issues or medications they may be taking to withdrawing from social activities because they don’t get along with other residents or miss their family and living independently.
Medical neglect in nursing homes is a serious issue that can have devastating consequences for elderly residents. In many cases, inexperienced and untrained staff are responsible for providing care to these vulnerable individuals, resulting in severe lapses in care. One of the most common forms of medical neglect is failure to provide residents with the correct medication or the prescribed dose. This can lead to serious health complications, including an increased risk of infection, dehydration, and even death.
While neglect is a major issue in nursing homes, it's not the only concern. Other prevalent abuses are:
Nursing home neglect is caused by a variety of factors, including:
Additionally, cost-cutting measures in some facilities lead to inadequate care standards and the denial of basic needs such as nutrition and hygiene services. In some cases, nurses may not be adequately supervised or held accountable for their performance, leading to substandard care. Other causes include poor facility management and a lack of communication between staff members.
Most law firms work on a contingency fee basis. You will pay an hourly rate for each hour the attorney works on your case. A contingency fee arrangement means that the attorney only gets paid if they successfully recover money in your case. The attorney will then take a percentage of what is settled upon, plus any money spent to pursue your case, such as court fees, testifying expert fees, and fees to obtain medical records.
When a loved one is abused or neglected in an assisted living facility, it can be a challenging and emotional experience for families. Knowing where to turn for help and how to protect your loved one best can be challenging. Thankfully, you don’t have to face this alone. Working with a nursing home abuse lawyer can provide the support and guidance needed to file a lawsuit against the responsible parties.
Once all relevant information has been gathered, the attorney will begin investigating and establishing the case's facts. This may involve gathering additional evidence, such as medical records, witness statements, or other forms of documentation that can support the claims being made. The lawyer will use this evidence to build a strong case for their client and ensure justice is served.
Once all documents and evidence have been gathered and reviewed, both sides will enter a negotiation period where they try to settle out of court. If an agreement cannot be reached through negotiations, then the case goes to trial, and both sides present their respective case in front of jurors. All evidence and testimony are weighed throughout the trial before deciding whether neglect or abuse occurred in the facility. Most cases are settled outside of court.
Nursing home residents have several rights they should be aware of and take advantage of while living in a facility. In the United States, the Nursing Home Reform Act was passed by Congress in 1987 to ensure that elderly care facilities provide quality care to all residents. Under the act, all nursing home residents have the right to:
1. Receive humane and dignified treatment in an environment that promotes independence, autonomy, and privacy.
2. Make decisions about their health and lifestyle on their terms in consultation with healthcare providers when appropriate.
3. Access information about their rights and responsibilities as a resident
4. Have access to adequate medical care, including preventative measures and treatment for illnesses or injuries they may experience while living in a facility.
5. Maintain any legal rights they have outside of living in the nursing home, such as voting, marriage, and work opportunities (when applicable).
6. Maintain personal control over their finances, either through direct management themselves or through appointed agents if they cannot manage them on their own (a power-of-attorney may be required).
7. Be free from discrimination based on race, color, religion, national origin, gender identity/expression, sexual orientation, or any other characteristic protected by federal law or state constitution/law where applicable, including abuse or neglect of any kind deemed illegal by local laws and regulations relevant to serving healthcare institution interests & requirements.
8. Participate actively in any meetings held surrounding the care plan or other decisions related to their stay at the facility
9. Spend time with family & friends on location during set visiting hours unless otherwise legitimately restricted due to valid medical reasons
Our goal is to guarantee the care of those living in nursing homes and assisted living facilities. When residents are harmed due to inadequate treatment, we swiftly pursue legal action to ensure compensation for them and their families.
Our expert partner attorneys offer free consultations for your claim.
