Nursing Home Abuse Law Firms

Nursing home abuse is far too common in the United States. According to the National Center on Elder Abuse, 1 in 10 older adults living in nursing homes experience some form of abuse [1]. This number represents a growing trend that worsens as the aging population increases. Patients living in assisted living facilities are subject to many forms of abuse. 

Physical abuse can include hitting, slapping, using physical restraints, or other forms of physical force to harm a patient. The signs of physical abuse are unexplained bruises, broken bones, or fearfulness. 

Emotional abuse uses manipulation, threats, isolation, and other tactics to exert power over a resident without physical force. It can be just as damaging as physical abuse and often leads to behavioral changes, irritability, or loss of interest in normal activities. 

Sexual abuse is another common problem in US nursing homes. Staff members or residents may engage in unwanted sexual conduct with a resident and make their life in the assisted living facility far more difficult. 

Neglect is a simple matter of the nursing staff failing to meet a resident’s care needs. It may involve insufficient monitoring, improper diagnosis, failing to follow care protocols, or ignoring a resident’s needs. 

Finally, financial abuse can also be a problem for elderly residents. Staff could take advantage of those with cognitive impairments to steal possessions, authorize financial changes, or make unwanted purchases. 

The Role of a Nursing Home Neglect and Abuse Law Firm

With so many forms of nursing home abuse, victims need experienced elder abuse attorneys to represent their interests. When a nursing home fails to take care of an older adult, either via abuse or neglect, a nursing home abuse attorney can step in and help the victim hold the facility accountable. 

Here are a few ways that an elder abuse attorney can be a helpful resource for victims of nursing home abuse and their families. 

Advocates for Victims and Families

The primary role of nursing home abuse attorneys is to advocate for victims. As many as five million older adults experience abuse in the United States every year, and many of them are nursing home residents [1]. 

Legal experts specializing in nursing home abuse can advocate for the rights of residents and family members to ensure they receive the highest level of care. When that standard is not met, the nursing home abuse lawyer can help the victim pursue compensation. 

Specialized Expertise in Elder Abuse Law

Nursing home abuse lawyers also understand the laws that protect the rights of these patients. In most cases, even the residents are unaware of all their legal rights. The right law firm is dedicated to protecting the rights of abused residents. 

Compassionate and Client-Focused Approach

Nursing home abuse lawyers work for residents who have suffered from abuse and neglect at a skilled nursing facility. These nursing home abuse victims have often experienced significant trauma because of their suffering, so legal teams in this practice area demonstrate compassion and a client-focused approach. 

Their ability to seek compensation for clients stems from their in-depth knowledge of the laws and regulations related to nursing home abuse and neglect. 

Therefore, hiring an experienced law firm is essential if you want the best chance of understanding your rights as a resident and being supported by a compassionate legal professional. 

Services Provided by Nursing Home Abuse Law Firms

Victims of nursing home abuse or neglect may face an uphill battle to win their lawsuit and secure financial compensation. However, with the help of nursing home abuse lawyers, your chances of success will increase dramatically. Here are some services provided by legal teams that handle nursing home abuse cases. 

Free Consultations and Case Evaluation

Many nursing home patients and their families do not know if they have grounds for a lawsuit. They may have numerous questions about the situation and the legal process. 

Many firms offer the opportunity for a free case review with an experienced nursing home abuse attorney. During this free consultation, you can ask questions about your case before hiring a lawyer and pursuing legal action. 

Thorough Investigation

If you or a loved one have suffered nursing home negligence or abuse, an investigation is needed to take corrective action. Your nursing home abuse lawyer will thoroughly investigate the case to determine who is at fault and what led to your suffering. 

This process will include gathering evidence to support your claim, interviewing witnesses, reviewing medical records, assessing legal damages, and consulting relevant experts. 

Determining Liability and Negligence

The key to winning nursing home abuse cases is proving liability and negligence. Your nursing home abuse attorneys will gather data to prove the facility owed you a duty of care, breached that duty, you suffered harm as a result, and there are legal damages associated with the harm. 

It is up to your attorney to prove the nursing home staff members behaved with negligence or intentional misconduct, resulting in your suffering.  

Negotiating with Insurance Companies

Cases involving nursing home neglect or abuse often lead to negotiations with insurance companies. The insurance company will try to avoid a large payout and may pressure you to accept a low initial offer. If you have an experienced nursing home abuse lawyer on your side, they can negotiate from a position of strength to secure the compensation you deserve. 

Litigating Cases in Court

Some nursing home abuse lawsuits are not settled early in the process. These cases may eventually go to trial, where both sides present their arguments before a judge and jury. 

It is your lawyer’s job to prepare you for the court proceeding for your nursing home abuse lawsuit. They will represent you in court to ensure you receive the settlement you deserve for suffering from poor treatment at the nursing home facility. 

Seeking Maximum Compensation

The primary goal of a nursing home attorney is to acquire maximum compensation and seek justice for their client. Many firms work on a contingency fee basis, which means they only get paid if they win. As such, the lawyer is incentivized to work as hard as possible for a full settlement. 

Your nursing home abuse lawyer can help you secure compensation for legal damages like medical treatment, future medical expenses, psychiatric counseling costs, emotional distress, physical pain and suffering, disability, loss of enjoyment of life, or even loss of companionship in wrongful death cases.  

If your nursing home abuse case involves gross negligence or intentional misconduct, like medical malpractice, a judge could also award you punitive damages to punish the defendant.

How a Nursing Home Abuse Law Firm Can Help

If you or a family member have experienced nursing home negligence or abuse, filing a claim against the senior living facility may be overwhelming. Lawyers aim to make this process easier so more residents will understand nursing home laws and hold these facilities accountable. Here are several ways a law firm can help as you pursue nursing home abuse litigation. 

Protecting the Rights of Nursing Home Residents

Every nursing home resident has certain rights protected by state and federal mandates. They have the right to receive high-quality medical care and to be treated with dignity and respect. When these rights are violated, lawyers can enact change by suing the at-fault care facility and its staff on behalf of the victims. 

The firm’s commitment to protecting the rights and dignity of many nursing home residents is one path to fixing the broken system that allows abuse and neglect to thrive. 

Holding Abusers Accountable

Abusive individuals have no place in nursing homes. Unfortunately, their behaviors could go unpunished if victims and dedicated legal teams do not hold them accountable. Whether it is an individual staff member or the facility as a whole, experienced lawyers know how to hold defendants responsible for nursing home abuse and neglect. 

Preventing Future Abuse

They will likely continue if no action is taken to correct these poor behaviors. This puts more adults in nursing homes at risk of experiencing poor care or mistreatment. To ensure abuse in nursing homes is addressed in the future, victims and their families must seek legal action today to prevent these abusive and negligent medical professionals from slipping through the cracks.  

Secure Expert Legal Representation! 

If you suspect abuse and neglect are affecting your loved one in a care facility, you must act quickly to address their immediate danger. 

There are many warning signs of nursing home abuse to watch for, including bed sores, unexplained injuries, medication errors, behavioral changes, missing possessions, and withdrawal. If you notice these indicators in your loved one, a nursing home lawsuit may be your best option.

The Nursing Home Law Center is ready to investigate your case, gather evidence, negotiate for fair compensation, and protect your rights or those of your loved one. Our team has vast experience with nursing home litigation and knows what it takes to win these cases. We can help you gather evidence to prove an increase in medical bills or wrongful death claims.

Call our office today at 800-926-7565 or complete the contact form to request your free consultation with a knowledgeable personal injury attorney. Let’s fight back against neglect and abuse in nursing homes together. 

Resources: [1] NHAC