Get Legal Help with a Nursing Home Abuse Issue
Older adults often spend their retirement in nursing homes, where they expect rest and relaxation. Nursing homes should be a place of safety for the elderly. Unfortunately, there are a growing number of cases of nursing homes abusing their elderly residents. Elder abuse can involve acts of physical violence, maliciously restraining the elderly, and stealing from nursing home residents. This article provides information on what elder abuse is and how you can obtain legal help.
Have You or a Loved One Been Injured by Nursing Home Abuse?
Anyone who has been injured or affected by nursing home abuse knows that it can be a traumatic experience. Whether the injury was caused by negligent medical treatment, abusive caregivers, or neglect, you have the right to take legal action against any person, company, or entity responsible. Parties liable in nursing home abuse can include healthcare workers, nursing home staff, nursing home administrators, caregivers, insurance companies, large corporations, and even government agencies.
What Is Nursing Home Abuse?
Federal law requires that nursing homes must protect and promote the rights of their residents. A violation of these rights could constitute nursing home abuse. Some common abuses include:
- Lack of Respect – The elderly should be treated with dignity and respect. They should be allowed to compose their own schedule, determine what activities they do, what they want to eat, and what time to sleep.
- Abuse – The elderly should be free from any physical, verbal, or sexual abuse from nursing home staff. Economic abuse could also be applied to the elderly's property and finances.
- Restraints – The elderly should not be restrained physically or medically with drugs as a punishment or for the convenience of nursing home staff.
- Fear – The elderly should be allowed to complain to nursing home staff without the fear of retaliation or punishment
Legal Claims Involving Nursing Home Abuse
The elderly and their loved ones can file lawsuits against nursing homes for elder abuse. Each state has different age requirements for elder abuse, but generally the required age minimum is usually 60 to 65.
A common legal claim associated with nursing home abuse is negligence. To be a successful claim, the plaintiff must show that the conduct of the nursing home failed to meet a reasonable standard of care. For example, a plaintiff can show that the nursing home's conduct of continually restraining him for no reason and verbally abusing him failed to meet the reasonable standard of care expected by a nursing home to protect his safety and well-being.
Another claim could be based on federal or state statutes. For example, the Nursing Home Reform Act of 1987 requires that all nursing homes that receive Medicare or Medicaid support provide a safe environment for their residents.
How a Nursing Home Abuse Attorney Can Help
If you or someone you love has suffered abuse in the nursing home setting, you should speak with an attorney who will sit down and evaluate your case with you, to ensure that your legal rights are fully assessed and protected. An attorney can explain what you can expect at every step of your personal injury case
Your lawyer can take action, like researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel, all aimed at strengthening your position and ensuring your fair recovery.
Contact an Attorney About Nursing Home Abuse Issues
When deciding how to handle a potential nursing home abuse issue, there are many routes you can take. First, you should make sure your loved one is safe and that you've alerted the proper authorities to any suspected abuse or neglect. Next, you'll want to know the law in your state and any possible claims you may be able to bring against the responsible party. Learn more by contacting a personal injury attorney today.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified personal injury attorney to make sure your rights are protected.