Westwood Nursing Home Abuse Lawyer

Nursing home abuse is an unfortunate reality that far too many families face when entrusting the care of their elderly loved ones to assisted living facilities. The decision to place a family member in a nursing home is often difficult, made with the belief that they will receive the medical care, attention, and respect they deserve.

However, many nursing home residents suffer abuse, neglect, and mistreatment at the hands of staff members or due to facility-wide negligence.

If you suspect your loved one is a victim of nursing home abuse in Westwood, Michigan, seeking help from an experienced nursing home lawyer is critical. These personal injury lawyers are committed to holding nursing homes and assisted living facilities accountable for their actions, ensuring justice for your loved one.

Why Hire Nursing Home Law Center

Nursing Home Law Center is dedicated to obtaining justice and fair compensation for victims of nursing home negligence. Our skilled legal team has a strong history of managing abuse cases with care and securing substantial settlements and verdicts.

We conduct comprehensive investigations to ensure that all forms of harm, including medical costs, emotional distress, and other damages, are fully considered. With our extensive knowledge of nursing home abuse claims, we handle the legal challenges with precision and work relentlessly to safeguard your rights.

We offer compassionate and clear communication throughout the process, keeping you and your family informed, supported, and confident at every stage.

Types of Cases Handled by Our Westwood Nursing Home Abuse Lawyers

Nursing home abuse can take many forms, and identifying the signs early is crucial to protecting residents. Below are the most common types of nursing home abuse cases our Westwood nursing home lawyers handle:

Physical Abuse

Physical assault includes any form of bodily harm inflicted upon nursing home residents, such as hitting, slapping, or using excessive force. The use of restraints, including chemical restraints through medication, can also constitute abuse.

Mental and Emotional Abuse

Emotional abuse can be harder to identify but is equally damaging. It includes verbal harassment, threats, humiliation, and isolation, leading to mental health decline in nursing home residents.

Sexual Abuse

Sexual abuse occurs when nursing facility residents are subjected to non-consensual sexual contact or activity. This form of abuse is particularly horrific, as the victims are often vulnerable and unable to defend themselves.

Medical Malpractice

Medical malpractice in an assisted living facility occurs when staff fail to provide adequate medical care. This nursing home neglect can include bed sores, medication errors, and failure to prevent infections like urinary tract infections.

Negligence

Negligence includes failing to provide nursing home residents with proper hygiene, nourishment, hydration, or basic care. This neglect can lead to serious conditions such as malnutrition, dehydration, elopement (wandering away from the facility), and infections.

Financial Abuse

Financial exploitation of residents occurs when caregivers or staff members unlawfully take money, property, or assets from the elderly.

Wrongful Death

In extreme cases, nursing home abuse and neglect can result in the wrongful death of a resident. Whether due to physical abuse, medical malpractice, or negligence, our Westwood nursing home lawyers are here to pursue justice for families who have lost a loved one due to nursing home neglect or abuse.

Understanding Your Legal Rights

Nursing home residents are protected under various federal and state laws designed to ensure they receive adequate care and are free from abuse and neglect.

These laws establish standards for nursing homes and assisted living facilities, safeguard residents’ rights, and provide legal recourse when those rights are violated.

Federal Protections: The Nursing Home Reform Act of 1987

One of the most significant federal protections for nursing home residents is the Nursing Home Reform Act of 1987.

This law sets strict guidelines for receiving Medicare and Medicaid funding for nursing homes. Key provisions of the act include:

• Right to dignity and respect
• Right to freedom from abuse
• Right to proper medical care
• Right to make decisions

Michigan State Laws for Nursing Home Residents

In addition to federal laws, Michigan has regulations that protect residents in nursing homes and assisted living facilities.

Michigan state law requires nursing homes to provide safe environments and adequate medical care and protect residents from abuse, neglect, and financial exploitation.

The Michigan Public Health Code sets licensing requirements and care standards, ensuring that facilities are properly monitored and held accountable for violations.

Eligibility to File a Nursing Home Abuse Claim

Several parties can file a nursing home abuse claim depending on the circumstances of the case. These include:

• The Resident: If the nursing home resident is capable of doing so, they can file a claim on their behalf for injuries suffered due to abuse or neglect.
• Family Members: If the resident cannot file a claim due to incapacity, illness, or death, a family member may file the claim on their behalf.
• Legal Guardians or Representatives: A court-appointed guardian or legal representative can file a claim for a resident who cannot advocate for themselves.
• The Estate: In cases where the abuse resulted in the wrongful death of a resident, the estate of the deceased may file a wrongful death lawsuit to seek compensation for losses incurred.

Liability in Nursing Home Neglect and Abuse Cases 

Nursing home abuse cases can involve multiple parties, all of whom may bear responsibility for the harm inflicted on residents. Our nursing home attorneys will investigate each case thoroughly to identify all liable parties.

Common examples include:

• Nursing home staff members: Those directly responsible for providing care can be held liable for acts of abuse or neglect.
• Nursing home administrators: If the facility’s management fails to ensure proper staffing, supervision, or training, they may also be held accountable.
• Third-party contractors: In some cases, contractors hired by the facility, such as maintenance workers or medical staff, may be implicated in the abuse.

How Our Westwood Nursing Home Abuse Attorneys Can Help

Our nursing home attorneys have extensive experience handling these complex cases. We understand the legal strategies to pursue justice for nursing facility residents and their families.

Here’s how we can assist:

• Free Case Evaluation: We offer a free consultation to discuss your concerns and evaluate whether your case warrants legal action.
• Case Investigation: Our attorneys will conduct a thorough investigation, gathering evidence to support your claim of nursing home neglect or abuse. This documentation includes medical records, witness statements, and facility reports.
• Filing the Claim: Once the evidence is gathered, we will file a legal claim on your behalf, ensuring all procedural requirements are met to protect your loved one’s rights.
• Settlement Negotiation: Our attorneys are skilled negotiators who will work to obtain a fair settlement, holding the liable parties accountable for the harm they caused.
• Trial Representation: If a settlement cannot be reached, our Westwood nursing home abuse lawyers will take your case to court and present a compelling argument for total compensation.

Common Signs of Elder Abuse Among Nursing Home Residents 

Recognizing the signs of nursing home abuse is crucial for protecting your loved ones.

Common indicators include:

• Unexplained injuries, such as broken bones or pressure sores
• Sudden changes in behavior or mood
• Poor personal hygiene
• Signs of dehydration or malnutrition
• Fear or anxiety around specific staff members
• Unexplained financial transactions

What to Do If You Suspect Nursing Home Abuse

If you suspect that your elderly family member is being abused in a nursing home, follow these steps to protect them:

• Call 911 if they are in immediate danger.
• Report the abuse to the nursing home administrator or management.
• File a complaint with your local Ombudsman’s office, which advocates for nursing home residents.
• Contact a Westwood nursing home abuse lawyer to discuss your legal options.

Damages You Can Recover Through a Nursing Home Abuse Claim

When a nursing home resident suffers abuse or neglect, they and their family members may be entitled to compensation for a variety of damages.

Economic damages cover the financial costs directly related to the abuse or neglect. These can include:

• Medical expenses
• Relocation costs
• Funeral and burial expenses

Non-economic damages compensate for the non-financial suffering the victim and their family endured as a result of the abuse. These may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Punitive damages may be awarded in cases where the nursing home or staff members engaged in especially egregious or intentional misconduct. These damages are meant to punish the responsible parties and deter similar behavior in the future.

The Cost of Hiring a Westwood Nursing Home Abuse Attorney 

Our law firm operates on a contingency fee basis, meaning you do not pay any upfront legal fees. We only get paid if we successfully recover compensation on your behalf.

You Have Limited Time to Take Legal Action in Westwood

Michigan law places strict deadlines, known as statutes of limitations, on filing nursing home abuse claims. If you believe your loved one has been abused, it’s essential to act quickly to preserve your legal rights.

Contact a Westwood Nursing Home Abuse Attorney Today!

Our nursing home lawyers are dedicated to providing the legal representation your family needs. With years of experience handling elder abuse cases, our law firm is committed to achieving justice for victims.

Contact us today for a free consultation, and let us help you protect your loved one’s rights.

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