Nursing Home Abuse Lawyer

Nursing home abuse is a touchy subject. At The Law Offices of John M. McCabe, we understand that when you entrust the care of a family member to a nursing home, you expect them to be treated with respect and compassion. Unfortunately, this is not always the case. Nursing home abuse can take many forms, including physical abuse, psychological abuse, financial exploitation, sexual abuse, or neglect. It’s important for families to know how to recognize the signs of potential nursing home abuse and what to do about it.

Nursing Home Abuse Lawyer Responsibilities

A nursing home abuse lawyer specializes in protecting the rights of those who have been subjected to abuse in a long-term care facility. If you or a loved one is a victim of nursing home abuse, you may be looking into your legal options. We'll highlight what a nursing home abuse lawyer can do for you.

Legal Knowledge

Nursing home abuse lawyers bring legal knowledge and advice to victims and their families. They explain their rights and options, helping them understand the legal aspects of their situation.

Investigation

They investigate claims of abuse or neglect thoroughly. This involves collecting evidence, interviewing witnesses, reviewing medical records, and documenting any signs of mistreatment.

Case Evaluation

Nursing home abuse lawyers assess the strength of a case to determine if there is a viable claim for abuse or neglect. They consider the evidence and the severity of the abuse or neglect when making this evaluation.

Filing Lawsuits

If there is a strong case, they file lawsuits against the nursing home facility and any responsible parties. This initiates the legal process to seek compensation and justice for the victim.

Negotiation and Court Representation

a nursing home abuse lawyer near me will seek a fair settlement on behalf of their clients, which can include compensation for medical bills, pain and suffering, and other damages. If a settlement cannot be reached, nursing home abuse lawyers represent their clients in court.

Advocacy

These lawyers act as strong advocates for their clients, protecting their rights, dignity, and quality of care. They ensure that elderly residents receive the appropriate care and attention they deserve.

Compensation Recovery

Ultimately, their primary goal is to help victims and their families recover compensation for medical expenses, pain and suffering, and other damages caused by nursing home abuse or neglect.

Our elder law attorney is dedicated to fighting for our clients' justice and rights. Here at The Law Offices of John M. McCabe, we offer free consultations. Take action and choose justice today.

What is Considered Nursing Home Abuse

Nursing home abuse may take on many different forms, some of which may not be physically evident. Some examples include:

• Physical Abuse: Physical abuse is any physical altercation involving an elderly person. This includes restraining or actions such as slapping and hitting.
• Emotional Abuse: Emotional abuse can be defined as any type of behavior or language that is meant to hurt, humiliate, or control an elderly person. This can include verbal threats, manipulation, humiliation, isolation, and intimidation.
• Financial Exploitation: Financial exploitation is the unauthorized use of an elderly person’s assets or resources for the benefit of another. This could include fraud, identity theft, or coercion.
• Neglect: Neglect is the refusal or failure to provide an elderly person with the necessary care and support they need. This can include failing to provide adequate nutrition and hydration, hygiene, medical care, or supervision.
• Sexual Abuse: Sexual abuse is any type of non-consensual sexual contact involving an elderly person. This includes any type of sexual contact without the elderly person’s full knowledge or consent.
• Neglect Causing Nursing Home Elopement: If a loved one wanders and gets off the nursing home premises and then gets hurt, a nursing home elopement lawyer can help.

What To Do If You Suspect Nursing Home Abuse

If you suspect that a loved one residing in a nursing home is experiencing abuse or neglect, taking prompt and decisive action is essential. Here are the crucial steps to follow:

1. Ensure the Safety of Your Loved One: If you believe your loved one is in immediate danger, call 911 or the local authorities to ensure their safety. In less urgent situations, move your loved one to a safe environment if possible.
2. Document Your Concerns: Keep a detailed record of your observations. Document any signs of abuse or neglect, including dates, times, and descriptions of incidents. Take photographs of any visible injuries or concerning conditions.
3. Contact Nursing Home Administration: Report your concerns to the nursing home's administration and management. Request an immediate investigation into the matter. Keep a record of all communications with the facility, including the names of the individuals you speak with and their responses.
4. Seek Medical Attention: If your loved one has suffered injuries, consult with a medical professional for a thorough evaluation and treatment. Ensure that medical records document any injuries or health issues resulting from the suspected abuse.
5. Contact Adult Protective Services (APS): Reach out to your local Adult Protective Services agency to report your concerns. APS is responsible for investigating cases of abuse, neglect, or exploitation of elderly individuals. APS can conduct an independent evaluation of the situation and take necessary actions to ensure your loved one's safety.
6. Consult with a Nursing Home Abuse Lawyer: Contact an experienced nursing home abuse lawyer who can help protect your loved one's rights. These attorneys specialize in these cases and can guide you through the legal process. A nursing home abuse lawyer will advise you on your rights, potential legal actions, and how to seek compensation for any damages.
7. Preserve Evidence: Safeguard any evidence of abuse or neglect, including photographs, medical records, and documents related to the nursing home stay. Share this evidence with your attorney, as it can be crucial in building a legal case.
8. Monitor Your Loved One's Care: Continue to closely monitor your loved one's care and condition. Regular visits and communication are essential. Ensure they receive proper medical treatment and attention for any injuries.
9. Consult with Support Groups: Seek emotional support for both yourself and your loved one. Join support groups or reach out to organizations dedicated to addressing nursing home abuse and elder care issues.
10. Pursue Legal Action: If the abuse or neglect has caused harm to your loved one, your attorney can help you pursue legal action against the nursing home, seeking compensation for damages.

Nursing home abuse is a serious concern, and taking these steps promptly can help protect your loved one and hold those responsible for the abuse accountable for their actions. Consulting with an experienced nursing home abuse lawyer is often a critical part of this process, as they can guide you through the legal aspects of your case and work to ensure justice is served. Reach out to The Law Offices of John M. McCabe for a free consultation.

Nursing Home Abuse: Recognize the Signs

It’s important to be aware of the signs of abuse so that you can take steps to protect your loved one if necessary. Common signs of nursing home abuse include:

• Physical injuries
• Mental distress
• Change in behavior
• Unexplained weight loss
• Poor hygiene
• Dirty living conditions
• Sudden financial issues
• Displaying fear of the nursing home staff

If you notice any of these signs, it's crucial to take immediate action to protect yourself or your loved one.

Nursing Home Resident Rights in North Carolina

North Carolina law protects nursing home residents' rights. These rights include the right to respect and privacy, to receive adequate and appropriate care, to remain knowledgeable about their care, to be free of abuse, and much more. If these rights are violated, it's advisable to seek legal action.

Nursing Home Liability

A nursing home is always liable for the care and well-being of its residents. There are many reasons, however, that the care in the nursing home can deteriorate. Let's review some of those.

Inadequate Staff Training

Training staff to do their jobs using a reasonable standard of care for their position should be a proper process. All nurses and employees should be trained to do their job well.

Negligent Hiring Process

All staff members should be qualified for their position. Facilities should conduct a thorough background check, consult references, or have another process to ensure that new hires are qualified.

Understaffing of the Facility

A nursing home should employ reasonable staff members to care for residents and meet their needs.

Errors with Medication

The results can be devastating when staff members do not give the proper dosage at the right time or fail to provide the medication.

Breach of a Resident's Statutory or Regulatory Rights

Nursing home employees must give residents the dignity, privacy, and respect they are legally entitled to.

Inadequate Security

Nursing homes must provide a safe environment for those in the facility. When a visitor or third party harms a resident due to a lack of security, the nursing home can be liable for damages.

Contact The Law Offices of John M. McCabe

If you or a loved one has been affected by nursing home abuse, it's important to address this abuse to protect your rights. Reach out to our elder law lawyer today.

Nursing Home Abuse Lawyer FAQs

What is nursing home abuse, and how can I recognize it?

Nursing home abuse includes any mistreatment of residents that results in harm or distress. Common signs include unexplained injuries, sudden weight loss, emotional changes, and staff behavior that raises concerns.

What should I do if I suspect my loved one is being abused in a nursing home?

If you suspect abuse, document the signs, report the issue to the facility, and contact a nursing home abuse lawyer for guidance on your next steps.

How can a nursing home abuse lawyer help my family and me?

Our legal team can help you investigate the abuse, hold responsible parties accountable, and seek compensation for damages such as medical expenses, pain and suffering, and more.

What evidence is needed to prove nursing home abuse in a legal case?

Evidence can include medical records, photographs, witness statements, security camera footage, and expert testimony. We will work with you to gather the necessary evidence.

What rights do nursing home residents have, and how can they be protected?

Nursing home residents have various rights, including the right to quality care and freedom from abuse. Our legal team can help protect these rights through legal action.

What damages can be sought in a nursing home abuse lawsuit?

The settlement amount for a nursing home abuse lawsuit may include compensation for medical bills, pain and suffering, emotional distress, and, in some cases, punitive damages to punish wrongdoers.

How long do I have to file a nursing home abuse lawsuit in North Carolina?

In North Carolina, the statute of limitations for nursing home abuse cases is typically three years. However, specific circumstances can affect this deadline.