Nursing Home Abuse Attorney is an invaluable resource for families dealing with this type of trauma. These attorneys are experts in the complexities of elder abuse laws and dedicated to holding negligent nursing homes accountable.
Abuse in the form of physical restraints, unwanted touching, or financial exploitation can have lasting impacts on elderly victims. An experienced attorney can review the evidence and help determine the amount of damages a victim deserves.
When your family member trusts a nursing home to care for them and keep them safe, it is heartbreaking when that trust is violated and they become the victim of abuse. When that happens, a South Jersey nursing home abuse attorney can help you file a personal injury claim against the responsible party. These claims may result in compensation for both economic and non-economic losses, including the costs of treatment, pain and suffering, loss of enjoyment of life, and emotional distress.
There are several ways a nursing home may be liable for abuse and neglect. At the administrative level, they can be held liable for failing to staff adequately, hiring or firing employees with poor performance histories, allowing dangerous patients to remain in the facility, and failing to conduct an adequate background check on employees. Individual staff members can also be liable for committing abuse, such as physical or emotional abuse, or exploitation of the elderly by means of financial manipulation and theft. In some cases, third-party contractors or visitors may be liable as well.
During the investigation phase of your case, our team will gather evidence, review medical records, interview eyewitnesses, and conduct other research. Once we have a clear understanding of your loved one’s situation, we will deliver a complaint to the nursing home. Once this document has been filed, the court will determine if your lawsuit is valid and begin to review the facts of your case.
During this time, it is important to make sure your loved ones receive any medical attention they need and that you have kept records of their expenses. You should also contact the nursing home and report any incidents of abuse to create an official record that can be used in your case. This will also protect your loved one from further harm, as it may prompt an investigation into the facility by state regulators.
Punitive Damages
Unlike compensatory damages, punitive damages are designed to punish the defendant. They are generally reserved for cases involving gross negligence or intentional misconduct, and they can be awarded in nursing home abuse and neglect lawsuits if the facts warrant it. A Cherry Hill nursing home abuse attorney could help a client establish the grounds for this type of damages claim.
Nursing homes are bound by federal and state laws to protect their residents from harm, including neglect, physical, emotional, or financial abuse. These facilities also enter into contracts with residents that promise them proper food, medical care, and living conditions. Unfortunately, many nursing homes fail to meet these expectations and cause a great deal of pain and suffering for their residents.
Neglect in nursing homes can take various forms, including malnutrition, unsanitary conditions, and unexplained injuries or accidents. Emotional or psychological abuse may include verbally abusing or threatening residents, and it can manifest as depression, fear, or anxiety. Physical abuse includes hitting or slapping, improper use of restraints, and bed sores. Sexual abuse involves unwanted or exploitative contact, and it can be evidenced by bruises in sensitive areas or unexplained sexually transmitted infections.
In some cases, nursing home abuse can be so severe that it results in the wrongful death of a resident. When this occurs, the family can file a wrongful death suit against the facility and any individual who was responsible for the victim’s injury or death.
It is important for the family to gather as much evidence as possible in these types of claims. This includes taking notes during visits, photographing any injuries, and keeping a detailed record of all conversations with your loved one’s doctors and other health care providers. It is also helpful to keep a diary of your loved one’s daily activities and their general mood.
Having a knowledgeable and experienced DC nursing home abuse attorney on your side can make all the difference in winning a case against a negligent nursing home. The firm of Dalli & Marino is committed to representing victims of nursing home abuse and helping them secure the compensation they deserve.
Damages for Pain and Suffering
The physical, emotional, and psychological abuse your loved one experienced can have lasting effects. These intangible damages are referred to as pain and suffering, and they can also include loss of enjoyment of life. You can recover compensation for these intangible losses from the nursing home that committed the abuse.
Emotional/psychological abuse can take many forms, including yelling and using hurtful words, ignoring an older adult or keeping them isolated from friends and family members, and humiliating them. These actions are considered cruel and inhumane, and they can result in severe trauma for your loved one. A Brooklyn nursing home abuse attorney could help you pursue compensation for the intangible damages your loved one suffered from this type of abuse.
Neglect involves failing to provide an older adult with their basic needs, such as food, water, shelter, and medical care. In many cases, neglect is a deliberate act by a nursing home, or it may be the result of insufficient training for staff members.
Nursing homes often hire low-trained nurses, such as LPNs, to take care of elderly patients. These nurses have limited education and experience, and they can miss serious changes in an older person’s condition. They may also not be aware of federal regulations regarding the rights and responsibilities of a resident.
Financial exploitation is a type of nursing home abuse that can occur when a staff member manipulates an elderly resident’s resources. Many seniors have accumulated sizable nest eggs, and they often trust their caregivers to manage their money for them. A staff member who takes advantage of an older person by withdrawing or transferring funds from their bank account is guilty of financial abuse.
Punitive damages are rarely awarded in nursing home abuse cases, but they can be awarded when the responsible parties’ conduct is especially egregious or malicious. They are meant to punish the defendant and deter others from engaging in similar behavior.
If your loved one has been a victim of nursing home abuse or neglect, the compassionate and dedicated lawyers at Lipsitz Green Scime Cambrico can help you understand your rights and pursue justice. Contact us today to schedule a free consultation with an experienced lawyer who can answer your questions and provide the legal guidance you need.
Damages for Economic Loss
The financial toll on an elderly person injured by a nursing home abuse or neglect incident can be substantial. The victim may require a significant amount of money for rehabilitation, medical treatment, medication, and caretaker help.
A successful lawsuit could recover compensatory damages that are designed to cover these expenses. An experienced attorney will review the financial value of a claim while also considering the impact of the injury on a victim’s quality of life. This helps them determine the best amount of compensation to demand from a responsible party.
Many different parties could be held liable for the victim’s injuries, including the offending facility, individual staff members, and other contractors or visitors. A skilled lawyer will investigate the incident to identify the exact responsible parties. An attorney will work to hold the correct party accountable so the victim receives the maximum amount of damages.
Physical abuse is one of the most common forms of nursing home abuse and can include assault, beatings, slapping, pushing, and other types of violence. This type of abuse can cause serious and lasting damage, including fractures, cuts, and bruises. It can also lead to life-threatening conditions, such as septic shock or hypothermia.
Neglect is another common form of abuse in nursing homes and involves failure to meet an older adult’s basic needs, such as food, shelter, and access to healthcare. This can also include medical negligence, where an older adult is overmedicated or given the wrong medication. This can have dangerous health consequences and lead to confusion, lethargy, and worsening medical conditions.
Sexual abuse in nursing homes is more common than people realize and can involve intercourse, inappropriate touching, forcing a victim to watch sexual acts, or making sexually suggestive comments. The emotional and psychological impact of this type of abuse can be severe.
If you believe a loved one has been abused or neglected in a nursing home, it is vital that you take action. Contact a Buffalo nursing home abuse attorney for a free legal consultation. They can review your case, collect evidence to prove the abuse, and file a personal injury lawsuit.