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When you send a loved one into a nursing home, you expect they will be safe and well cared for. However, nursing home abuse is becoming a widespread problem impacting the abused and their families. If you or a loved one is experiencing nursing home abuse, reach out to The Law Offices of John M. McCabe today. A nursing home abuse lawyer will investigate your case and work hard for the best outcome possible.
A nursing home abuse attorney is someone that specializes in personal injury law. Personal injury lawyers help victims take legal action against facilities that harm older adults living in nursing homes. A nursing home abuse attorney works to prove that:
Check our founder, John M. McCabe talk about nursing home abuse in our latest video.
While every case is different, most personal injury lawyers work on a contingency fee basis. That means they don't charge you anything unless you win a settlement in or outside court. And only when you win will the law firm charge fees. This ensures that the lawyers work hard for your case and that you never pay out of pocket. Contact our team for a free consultation to learn more about fees and the lawsuit process. Check out our founder, John M. McCabe, discuss nursing home abuse cases.
The U.S. Department of Justice reports that at least 10% of adults over age 65 will experience some form of elder abuse in a given year. It's essential to know the warning signs of elder abuse so you can stop or prevent it. The DOJ has identified five general categories of elder abuse:
The trauma of elder abuse can cause:
Caregiver neglect can include medication errors, not changing bedding which can cause bed sores in nursing homes, not bathing the elder often, and not providing social interaction in the nursing home.
Physical abuse includes the intentional infliction of harm to an elder. Physical abuse can be slapping, hitting, punching, or using objects to inflict harm. Other ways elders can be physically abused are when the caregiver shoves them down to sit, uses too much force when trying to move them, and many other subtle things that might not be too obvious.
Sexual abuse includes unwanted sexual contact with an elder or vulnerable adult who is unable or unwilling to be content, threatened, or physically forced to participate.
Emotional abuse includes verbal threats, assaults, threats of abuse, harassment, or intimidation.
Financial exploitation is the misuse or withholding of an elder's resources by someone else.
Abuse is an overt act inflicted on another person who may or may not be able to defend themselves. Elder abuse can include physical, emotional, sexual, or financial exploitation. Nursing home neglect can be equally harmful but tends to be more passive. For example, an overworked caregiver neglects to address the physical hygiene needs of a resident, a resident is not receiving the care they need, and it precipitates a downward cycle of neglect.
Whether overt abuse or passive neglect, both inflict physical and emotional harm on nursing home residents with the right to live in a safe, nurturing environment and have their needs addressed.
If you have a loved one who lives in a nursing home and you are concerned that they are not receiving proper care, here are some of the warning signs of nursing home neglect you can keep watch for:
When nursing home abuse or neglect occurs, some older adults are unable or unwilling to communicate the details of what happened. As a result, some may feel helpless and ashamed about the abuse, while others cannot fully understand the situation. This is why it's vital to look for signs that your family member could be the victim of abuse or neglect.
Nursing homes are required by law to provide a certain standard of care. Remember, nursing home residents have rights, including:
If you notice warning signs that your family member is experiencing abuse or neglect while living in a nursing home, it's time to take action. You should:
While nothing can erase the trauma of abuse or neglect, obtaining a monetary settlement can provide the financial resources to help your loved one move forward in life with a new, safer long-term care facility. Bringing a claim will also deter these nursing homes and nurses from injuring others.
If you have become aware that a loved one who is a nursing home resident has been neglected or abused and has sustained injuries, you may have grounds to file a claim for nursing home neglect. Depending on the nature of the injury, you might also file a criminal complaint. Contact our experienced team of nursing home abuse lawyers today to start your claim.
If you see an elder being abused or neglected, you are obligated to report it. You can call law enforcement if you suspect physical or sexual assault or if someone has been physically harmed. For other forms of abuse or neglect, the Adult Protective Services of Wake County.
You can also report anonymously. To make a report of elder or dependent adult abuse in Wake County, call 800-339-4661
Victims of nursing home abuse or neglect suffer in so many ways. Besides the physical damages, many deals with pain, suffering, and emotional anguish resulting from the abuse and are at a higher risk for suicide2. These victims deserve compensation for all the ways they suffer.
When bringing a personal injury claim for compensation, victims can recover for both economic and non-economic damages, including:
You are not alone. Let our nursing home neglect lawyers help you get justice through the legal system. Contact us now to schedule your free case review.
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.
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.
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.
A nursing home should employ reasonable staff members to care for residents and meet their needs.
The results can be devastating when staff members do not give the proper dosage at the right time or fail to provide the medication.
Nursing home employees must give residents the dignity, privacy, and respect they are legally entitled to.
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.
If one or more of these situations led to your family member's abuse or neglect while living in the nursing home, you might have grounds for compensation. Our experienced personal injury lawyers help you learn and understand your loved one's rights. In addition, we can assist you in filing a complaint against the facility.
Contact our nursing home abuse attorneys today for a free and confidential case evaluation to see if you qualify and what your claim may be worth.
Sources:
National Institute on Aging (NIA). (29 July 2020). Spotting the Signs of Elder Abuse. U.S. Department of Health & Human Services. Retrieved 26 January 2022.
Bailey, Melissa and Aleccia, JoNel. (9 April 2019). Lethal Plans: When Seniors Turn To Suicide In Long-Term Care.Kaiser Family Foundation. Retrieved 26 January 2022.
National Institute on Aging (NIA). (29 July 2020). Elder Abuse. U.S. Department of Health & Human Services. Retrieved 26 January 2022.
