248 ReviewsHow Can a Nursing Home Abuse Attorney Help?
Nursing home abuse takes on various forms, each leaving a lasting impact on its victims. Investigating a case of nursing home neglect requires a thorough and systematic approach to gather evidence, identify responsible parties, and build a strong case for the victim and their family.
Our legal team can help by:
Obtaining Evidence
It’s important to act quickly to preserve evidence, as records and documentation can be altered or destroyed. An attorney on our legal team will send a preservation letter to the nursing home to ensure that relevant records and evidence are retained.
Evidence can include:
- The residents chart at the facility that caregivers and other medical staff document in concerning the resident’s behavior, appetite, mobility, behaviors, and overall health
- Medical records from doctor, hospital, documentation from visiting medical staff
- Documentation of any injuries
- Photos of any injuries
- Resident’s care plan that lists the level of care required
- Facility medication administration records (MARs). This document lists what types of medications the resident is taking, the frequency medication should be administered, side effects, whether the resident received the medication or refused, etc.
- Any records of falls or other types of injuries, including bed sores, abrasions, skin tears, bruising, significant changes in mobility, behavior, or overall health condition, and weight
- Any doctor’s orders received by the facility
- Documentation from the facility’s head RN regarding assessments for changes in condition and follow ups concerning any changes in health
- Interviewing Witnesses
- The attorney may speak to other residents, staff members, and visitors who witnessed the neglect or have relevant information. Witness testimonies can help corroborate the victim’s claims and provide additional context.
Consulting Experts
Nursing home neglect cases often require expert opinions to establish the standard of care and whether it was breached. Medical experts, geriatric specialists, and other professionals can provide insights into the victim’s condition and the care they should have received.
Determining Damages
An attorney will assess the physical, emotional, and financial damages suffered by the victim as a result of the neglect. This includes medical expenses, pain and suffering, and any other losses.
Negotiation
If the nursing home neglect is substantiated, the attorney will work to negotiate a settlement with the nursing home or their insurance company. If a fair settlement cannot be reached, the attorney may proceed with litigation and file a lawsuit on behalf of the victim.
Who Can Be Held Liable for Elder Abuse in a Facility?
Holding individuals or entities accountable for nursing home abuse is a critical aspect of seeking justice for the victims and preventing further harm. When it comes to identifying who can be held liable for nursing home abuse, it’s important to understand that liability can extend to various parties involved in the care and operation of the facility.
Potential parties that can be held liable for nursing home abuse include:
Nursing home facility
The nursing home itself can be held liable for the actions or negligence of its staff members. This includes cases where inadequate training, understaffing, or failure to provide proper care and supervision contribute to the abuse or neglect of residents.
Staff members
Nurses, caregivers, aides, and other staff members directly responsible for the care of residents can be held individually liable for abusive behavior or neglect. This may include physical, emotional, or financial abuse, as well as neglecting residents’ basic needs.
Management and administration
If it can be proven that the management or administration of the nursing home was aware of abusive or neglectful practices and failed to take appropriate action, they could also be held liable. This includes decisions related to hiring, training, and supervising staff.
Third-party contractors
A resident may receive medical treatment provided by their health insurance, at the nursing home. This can include speech therapy, occupational therapy, physical therapy, wound care, hospice, etc. For example, if a home health nurse from the resident’s health insurance provides treatment to a loved one residing in a nursing home and fails to report signs of abuse, signs of decline, makes a medication error, or fails to provide quality care, they can also be held liable, in addition to the nursing home facility, nursing staff, and administration.
Medical professionals
In cases where medical professionals, such as doctors or nurses, are involved in the care of nursing home residents, they can be held liable for medical malpractice if their actions or decisions lead to harm or injury.
Property owners
If the nursing home facility is owned by a separate entity or individual, they may also share liability for any negligence or unsafe conditions that lead to abuse or injury.
What Are the Signs of Nursing Home Neglect and Abuse?
Physical abuse
Unexplained bruises, cuts, fractures, or injuries that cannot be justified.
Emotional abuse
Observable shifts in behavior, sudden withdrawal, uncharacteristic depression.
Sexual abuse
Unexplained infections, emotional distress, fear, or discomfort around certain individuals.
Financial abuse
Unaccounted-for financial changes, missing personal belongings or possessions.
Neglect
Noticeable weight loss, signs of malnutrition, untreated health conditions, bed sores, and poor personal hygiene.
Contact Us Today!
If you believe a loved one has suffered abuse or neglect, contact a nursing home abuse lawyer as soon as possible. At Friedland & Associates, our nursing home abuse attorneys are committed to listening compassionately, conducting thorough case assessments, and providing you with the insights needed to make well-informed decisions.
We understand the devastation and urgency involved in these matters and are determined to help you seek the compensation and justice that your family member deserves. Contact Friedland & Associates today to schedule a free consultation to learn more.
