Nursing Home Abuse Law Firm

How Nursing Home Abuse Law Firms Can Help

Finding out that an older loved one has been hurt while in a nursing home — a place that you trusted to provide health care — can be frustrating and make you feel helpless. If you suspect that abuse or neglect is happening, you might not know what to do.

If you’re convinced that mistreatment has happened to your loved one in a nursing home, there are a few steps to take.

First, if there are clear signs of abuse or danger to your loved one, call the police. You should also make sure to report suspected elder abuse or neglect to state authorities. If you’re unsure of who to contact, the Center on Elder Abuse can help.

A nursing home law firm is a great next step to making sure that your elder loved one is protected. Not only can an experienced nursing home law firm help get your loved one compensated for their suffering, but they can also be instrumental in ending abusive practices.

While it’s essential to report abuse and neglect, many nursing homes don’t change their bad practices until legal action is taken.

Cases Nursing Home Abuse Law Firms Handle

Often, nursing home abuse law firms will have expertise in the areas of law where elder and personal injury laws overlap. Every law firm is different, but you can expect any law firm that specializes in nursing home abuse cases to be knowledgeable about the following case types.

Nursing Home Neglect

Nursing home neglect is an unfortunately common type of elder abuse. According to the National Center on Elder Abuse (NCEA), nearly 95% of nursing home residents have either been neglected or witnessed neglect.

Though less violent than other forms of nursing home abuse, neglect can be just as harmful. A nursing home resident who is neglected can suffer from bedsores, malnutrition, dehydration, denial of medically necessary treatment, and a variety of other potentially deadly harms.

Nursing Home Abuse and Elder Abuse

Elder abuse is any type of harm inflicted on an elderly person while in someone else’s care. Nursing home abuse is specifically the type of elder abuse that occurs in long-term care facilities.

Nursing home abuse can include physical or emotional abuse, sexual assault, neglect, or financial exploitation. Though many families put their trust in the nursing homes or assisted living facilities that care for their loved ones, nearly 1 in 3 nursing homes in the U.S. has been cited for abuse.

Medical Malpractice in Nursing Homes

In some instances, nursing home abuse or neglect overlaps with medical malpractice.

For example, giving a resident the wrong medication could be a combination of all three incidents:

• If the mistake was made in the prescribing or administration of the medication, it may be regarded as medical malpractice
• If the wrong medicine was given on purpose, it may be considered abuse
• If it was a medication error or mistake concerning medical records, it may be deemed as neglect

It’s essential to work with a nursing home abuse law firm that has expertise in medical malpractice as well as elder abuse and neglect so that your attorney is able to determine the right type of case to pursue.

Wrongful Death Suits

Unfortunately, some nursing home abuse can lead to the death of a loved one. Through the actions or inactions of nursing home staff, a nursing home resident may lose their life. In such an instance, the way to hold those responsible for this tragic death is through a wrongful death suit.

You can receive compensation for costs associated with the care of your loved one as well as punitive damages to punish the people who caused their suffering.

How to Pick the Right Law Firm

What to Expect When Filing a Nursing Home Abuse Lawsuit

Case Evaluation & Filing the Lawsuit

The first step in a nursing home abuse lawsuit is to determine if you have a case that is worth pursuing. Generally, this means figuring out if there’s been abuse and who is responsible.

After agreeing to work with a law firm, their team of experts will begin to gather evidence to build a case on your behalf.

Once there’s a clear case, the elder abuse law firm will determine which court is appropriate and file the claim. It’s essential to file the claim in the right court as a mistake in filing can result in delay or even rejection of your case.

Discovery Phase

When a lawsuit is filed, the plaintiff — the victim of the abuse and/or their loved one — is sending a message. That message is basically that there has been harm done by the defendant — the nursing home, company, staff, or whoever is responsible for the harm —- and they must compensate the victim for the harm.

Once the lawsuit is filed, the defendant has a certain amount of time to respond. They can either confirm or deny the claims. If they confirm the claims, they agree to compensate the victim, and the lawsuit settles.

If they deny the claims, the case moves forward. Remember that a settlement can be offered at any time during a lawsuit up until a verdict is reached.

Weighing a Settlement Offer

Very few lawsuits actually go all the way through to a verdict. In many instances, the defendant would rather avoid the cost of going to trial and will offer a nursing home abuse settlement.

These costs aren’t just financial, either — a defendant could end up paying for a lawsuit in the cost of litigation, the amount of the verdict award, the harm to their reputation, and the creation of a public record of wrongdoing that can be used in other nursing home abuse cases.

Your attorney and the experienced team at the elder abuse law firm will advise you on settlement offers. Remember that the law firm can’t accept a settlement on your behalf — you must decide whether or not to accept a settlement.

Going to Trial

If no settlement is reached before the trial begins, your nursing home abuse law firm will present the evidence in open court. Very few cases reach this point, and even fewer will get all the way through trial without additional settlement offers.

Your nursing home abuse lawyer will be experienced in negotiating settlements to get you the most compensation possible, even during trial. As juries can be unpredictable, it’s usually worth considering any offer your attorney thinks is appropriate. Though, as mentioned above, you have the final say on accepting a settlement offer.

Finding a Nursing Home Abuse Law Firm Near You

While dealing with the tragic circumstances of nursing home abuse, finding a law firm can seem overwhelming. Our team of experts can try to make this difficult time easier by connecting you with top nursing home abuse law firms that can work with you locally and wherever the case requires you to be.

Our team has helped connect elders and families with elder abuse law firms that have gotten $1 million or more in compensation for nursing home abuse —- call [phone number] and we can help you get started today.