According to the National Council on Aging (NCOA), as many as 5 million older Americans experience abuse every year, many of them residing in nursing facilities. Nursing Home Abuse Center says that in a survey of nursing home staff, 81% said they had seen emotional elder abuse take place. 40% had committed at least one incident of emotional abuse over a 12-month period.
Nursing home abuse is a tragic and devastating reality that affects thousands of vulnerable elderly individuals every year. The website https://www.bleamanlawfirm.com/ says that immediate action is necessary if you suspect that your loved one has been a victim of nursing home abuse or neglect. Prompt actions help protect the rights of your loved ones.
A qualified lawyer can help you understand your loved one’s rights under federal and state laws to guarantee that you receive fair compensation for their suffering.
Learn how to file an abuse claim for a nursing home with a qualified lawyer and seek justice for your loved one.
Contents
Understanding Nursing Home Abuse and Its Types
There can be many types of nursing home abuses depending upon the circumstances and damages caused to residents. Physical abuse often involves hitting and restraining residents, causing serious harm and emotional distress.
The insult, isolation, or intimidation that accompanies verbal abuse can stress out elderly residents. The stress could give rise to severe mental problems, such as affective pain.
Financial exploitation is a type of damage that happens when caregivers, either out of sheer deception or physical exploitation, rob the old resident’s or nursing-home host’s financial account or any jewelry that comes their way.
According to Lexington nursing home abuse lawyer Thomas Pleasant, staff neglect occurs when the various physical, emotional, and mental requirements of the elderly are not satisfied. If a nursing home fails to provide an elderly resident with basic necessities such as sanitation, food, and medical care, a case of nursing home abuse can be pursued.
Knowing the different types of abuse can help you advocate for your family member and maintain their safety and normal functioning throughout these times.
Recognizing the Signs of Abuse or Neglect
Watch for unexplained physical ailments, including bruises, cuts, bleeding, or significant weight loss.
Observe your loved one for signs of emotional turmoil, such as withdrawal or sudden behavioral changes. Do not hesitate to investigate if your loved one seems afraid of the staff or refuses to talk about nursing home care.
Manifestations for neglect can include messy rooms and inadequate medical attention.
Gathering Evidence to Support Your Claim
To strengthen your claim of nursing home abuse, you need to get concrete evidence about the case.
Take photos of abrasions, marks, or contusions, and keep all records of medical arrangements or treatments that apply to your case.
If possible, obtain important documents such as care plans, incident reports, observation notes, or medication logs. Talk to other eyewitnesses, such as staff or patients, about their accounts of what went on. Get testimonies from eyewitnesses, such as staff or patients, to support your claim.
Keep a diary or journal that records your relative’s routine and whatever notes you know or observe. This evidence will help your nursing home abuse lawyer gain a better understanding of the situation and represent you more effectively.
Choosing the Right Lawyer for Your Case
Choosing the right lawyer for nursing home abuse is necessary if you want to obtain justice and fair compensation. Find elder or personal injury lawyers first. Their expertise in nursing home abuse would benefit your case. Book a face-to-face meeting. Use this initial consultation to gauge how they handle cases and listen to their client’s legal concern.
Find a lawyer with a successful track record. If they have a good track record, it means they provide good service and have extensive experience handling cases of nursing home abuse.
Your lawyer should have a favorable reputation within the legal community. How they are perceived by their peers and clients significantly influences the outcome of your case.
Ask your attorney about their legal fees and payment structure. Knowing whether they charge on a contingency basis or an hourly rate allows you to plan your budget appropriately.
The Legal Process of Filing a Nursing Home Abuse Claim
Your lawyer will explain to you all aspects of the legal process to help you protect your loved one from nursing home abuse.
A competent lawyer will assist you in filing a formal complaint with the nursing home administration or through a lawsuit in court. After it is filed, the nursing home will have an opportunity to respond. Next comes the discovery phase of the process, where both parties will exchange relevant information.
If the negotiations fail, the case proceeds to a trial. Your lawyer will be your primary representative, handling all legal aspects of the case. Their legal guidance and support will allow you to go through the challenges of your case.
