Ann Arbor Nursing Home Abuse Lawyer

When families entrust their loved ones to nursing homes or assisted living facilities, they expect the residents to receive adequate and appropriate care. Unfortunately, not all facilities uphold this standard, leading to neglect and abuse. 

If your family member has suffered injuries due to nursing home abuse, you need the expertise of an experienced Ann Arbor nursing home abuse attorney to help you seek justice.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to securing justice and compensation for those impacted by nursing home abuse. Our skilled legal team brings extensive experience handling such cases with care and has achieved notable settlements and verdicts for our clients.

We leave no stone unturned, conducting comprehensive investigations to ensure that all aspects of the abuse, including medical costs, emotional distress, and other damages, are thoroughly addressed. Leveraging our deep knowledge of nursing home abuse claims, we manage each case efficiently, fighting relentlessly to safeguard your rights.

Types of Cases Handled by Our Ann Arbor Nursing Home Abuse Lawyers

Nursing home abuse encompasses various forms of mistreatment that can occur in assisted living facilities. Abuse includes any harm or neglect inflicted upon nursing home patients. Below are the common types of nursing home abuse cases our law firm handles:

Physical Abuse

Physical abuse involves using force to inflict pain or injury on a nursing home resident. This can include hitting, pushing, or misusing restraints, which may cause physical injuries such as bruises, broken bones, or severe bodily harm.

Mental and Emotional Abuse

Mental and emotional abuse can take many forms, from verbal threats to isolating a resident from their family members or peers. This type of abuse can leave lasting emotional scars and greatly diminish a resident’s quality of life.

Sexual Abuse

Sexual abuse in nursing homes is a grievous violation that can occur when staff or other residents engage in unwanted sexual contact with vulnerable patients. This is a serious crime that demands immediate legal attention to protect victims.

Medical Malpractice

Skilled nursing care facilities must provide proper medical care to their residents. Unfortunately, some facilities fail in this responsibility, leading to malpractice cases involving bedsores, medication errors, or untreated infections. When nursing homes fail to monitor residents properly, these medical issues can result in serious health problems and, in some cases, death.

Negligence

Nursing home negligence can occur when staff fails to provide primary care, resulting in poor hygiene, malnutrition, dehydration, or a resident wandering away from the facility.

Financial Abuse

Financial abuse occurs when nursing home staff exploit residents for monetary gain, such as stealing money, forging checks, or coercing residents into signing over assets. This abuse can significantly affect the victim’s financial security and peace of mind.

Wrongful Death

In the most tragic cases, nursing home neglect can lead to the wrongful death of a resident. When this happens, our Ann Arbor, Michigan, nursing home lawyers can help families pursue a wrongful death lawsuit to seek financial compensation for their loss.

Understanding Your Legal Rights

Nursing home residents have specific legal rights protected under federal and state laws. These laws are designed to ensure that assisted living facility residents receive adequate and appropriate care and safeguard them from abuse, neglect, and exploitation.

One of the most important federal laws protecting nursing facility residents is the Nursing Home Reform Act of 1987. This law ensures that nursing homes receiving federal funding, such as Medicaid and Medicare, meet specific standards of care. 

The Michigan Department of Health and Human Services regulates skilled nursing care facilities and investigates abuse and neglect cases. Under Michigan law, nursing homes must adhere to state regulations to prevent abuse and neglect. 

State laws may impose stricter standards for staffing, training, and the monitoring of Michigan nursing homes to ensure residents receive proper care.

Residents and their family members or legal guardians have the right to file a claim if abuse or neglect occurs.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse and neglect cases, multiple parties can be liable for the harm caused to residents. Liability often extends beyond the individual perpetrator, as the facility and other parties may have contributed to the neglect or abuse through negligence or inadequate oversight. Below are some examples of who may be held liable:

• Nursing Staff: Caregivers or other employees who directly inflict abuse or neglect can be held personally accountable for their actions.
• Skilled Nursing Care Facility: The facility can be liable if improper hiring practices, lack of training, or understaffing led to the abuse. Failure to protect nursing home residents or ensure proper care may also hold the nursing home responsible.
• Third-Party Contractors: If outside contractors, such as medical staff or maintenance workers, contribute to the abuse or neglect, they, too, may face charges or a lawsuit.
• Management and Administrators: Nursing home administrators can be held liable if they fail to address complaints, maintain proper regulatory standards, or ignore warning signs of abuse or neglect.

How Our Ann Arbor Nursing Home Abuse Attorneys Can Help

At our personal injury law firm, our Ann Arbor, Michigan, nursing home abuse lawyers are committed to helping victims of elder abuse and their families. Our legal team has extensive experience in handling nursing home abuse and neglect cases and provides the following services:

• Free Case Evaluation: We offer a free consultation to review the details of your case and determine the best course of action.
• Case Investigation: Our team will thoroughly investigate your case, gathering evidence such as medical records, witness statements, and regulatory records to build a strong claim.
• Filing the Claim: We handle all the paperwork and filing necessary to initiate your nursing home abuse lawsuit, ensuring all deadlines are met.
• Settlement Negotiation: Our lawyers will work tirelessly to negotiate a fair settlement that covers your family’s financial losses and compensates for the harm suffered.
• Trial Representation: We will take your case to court and fight for justice if a fair settlement cannot be reached.

Common Signs of Elder Abuse Among Nursing Home Residents 

Of Ann Arbor’s 45 Medicare-certified nursing homes, 18 facilities (40%) have an overall rating below or much below average. Specifically, nine nursing homes (20%) fall short in health inspections, and 20 facilities (44%) have inadequate staffing. Eight facilities (18%) were rated poorly regarding quality measures. [1]

The worst-rated nursing homes in Ann Arbor include:

​​Recognizing the signs of elder abuse in nursing homes is critical to protecting your loved ones. Abuse and neglect can take many forms, and skilled care facility residents may not always be able to communicate their experiences. Below are common indicators that may suggest your loved one is a victim of nursing home abuse, neglect, or exploitation:

• Unexplained Injuries: Bruises, cuts, fractures, or burns inconsistent with normal aging or accidental falls.
• Sudden Weight Loss or Dehydration: Malnutrition and dehydration could point to neglect.
• Bedsores: Bedsores (pressure ulcers) may form if a resident is left in the same position for extended periods, indicating medical malpractice.
• Poor Hygiene: If your loved one has unwashed clothing, matted hair, or a strong odor, it may signal that the staff is not maintaining proper hygiene standards.
• Behavioral Changes: Signs of emotional or mental abuse can include sudden withdrawal, depression, anxiety, fearfulness, or a noticeable change in mood.
• Fear of Staff or Other Residents: If a resident appears fearful or overly anxious around staff members or other residents, this could be a sign of ongoing abuse.
• Unexplained Financial Transactions: Missing money, unusual withdrawals, or unauthorized changes to a resident’s will or financial accounts may indicate financial exploitation.
• Frequent Infections or Illness: Medical malpractice can result in recurring infections or untreated medical conditions.
• Social Isolation: If your loved one is being deliberately isolated from other residents or family members, this could be a form of emotional abuse or control.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse, it’s crucial to act quickly to protect them. Below are the steps you should take:

• Call 911 if Immediate Danger Exists: If your loved one is in immediate physical danger, call 911 immediately. Emergency services can intervene and ensure the resident is safe while medical professionals assess injuries.
• Report to the Nursing Home Administrator or Management: Notify the facility’s administrator or management team about your concerns. Document the names of the individuals you speak to, the date, and the details of your report. Nursing facilities are required to investigate reports of abuse and take corrective action.
• File a Complaint with Your Local Ombudsman’s Office: Ombudsmen advocate for nursing home residents and resolve complaints about abuse, neglect, or violations of residents’ rights. You can contact your local Ombudsman’s Office, which will investigate the situation and help mediate between the resident and the facility to protect their rights.
• Contact a Nursing Home Abuse Lawyer: Seek legal advice from an experienced nursing home abuse lawyer. A lawyer can help you understand your legal options, conduct a thorough investigation into the abuse, and file a claim on behalf of your loved one to pursue compensation for their suffering.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse may be entitled to several forms of compensation, including:

Economic Damages

These cover medical expenses, rehabilitation costs, and any other financial losses related to the abuse.

• Medical Expenses: Costs for treatments, hospital stays, medications, and rehabilitation related to injuries caused by abuse or neglect.
• Relocation Costs: Expenses for moving the resident to a safe facility.
• Lost Wages: If a family member had to take time off work to care for or advocate for the abused resident, they may be compensated for lost income.
• Funeral and Burial Costs: In wrongful death cases, the family may recover expenses related to the resident’s passing.

Non-Economic Damages

Compensation for pain, suffering, emotional distress, and diminished quality of life.

• Pain and Suffering: Compensation for the physical pain endured by the victim due to abuse, such as injuries from physical abuse or medical malpractice.
• Emotional Distress: Damages for the mental and emotional impact, including anxiety, depression, or trauma experienced by the resident.
• Loss of Enjoyment of Life: Compensation when the resident’s quality of life is diminished due to abuse or neglect, such as being unable to participate in activities they once enjoyed.

Punitive Damages

In cases of particularly egregious abuse, courts may award punitive damages to punish the wrongdoers and deter future abuse.

• Reckless or Intentional Harm: Punitive damages may be awarded if the abuse was carried out maliciously or with reckless disregard for the resident’s safety.
• Gross Negligence: Cases where the facility or staff members demonstrated extreme negligence in their duties, leading to significant harm, can result in punitive damages.

The Cost of Hiring an Ann Arbor Nursing Home Abuse Attorney 

Our law firm operates on a contingency fee basis, meaning you won’t pay legal fees unless we win. This allows you to seek justice without worrying about upfront costs, ensuring everyone can access quality legal representation.

You Have Limited Time to Take Legal Action in Ann Arbor

Under Michigan law, there is a statute of limitations for filing a nursing home abuse claim. In most cases, you generally have three years from the date of the abuse or discovery of the abuse to take legal action. 

However, there are several situations that impact how long the statute of limitations is, such as whether the case involves medical malpractice. It is important to contact an Ann Arbor, Michigan, nursing home abuse lawyer as soon as possible to ensure your claim is filed on time.

Contact an Ann Arbor Nursing Home Abuse Attorney Today!

If your family member has suffered abuse or neglect in a Michigan nursing home, our team of experienced Ann Arbor nursing home lawyers is here to help. With a commitment to protecting the rights of Michigan nursing home residents, we will work tirelessly to pursue justice for your loved one. 

Contact us today for a free consultation, and let us help you take the first steps toward securing financial compensation and peace of mind.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare