Contact us for a free consultation. You can also use the chatbot on this page to find out if you qualify for a lawsuit instantly.
If you or a loved one has been the victim of an injury or abuse in a nursing home, contact an experienced nursing home abuse lawyer from TorHoerman Law for a free, no-obligation case consultation today.
You can also use our chatbot to receive a free, instant online case evaluation to find out if you are eligible to take legal action now.
If you are the victim of abuse, please report the abuse to the authorities right away.
You can contact the Adult Abuse Hotline at (888) 508-6752 to report any form of nursing home abuse.
Nursing home abuse refers to any mistreatment or neglect of nursing home residents. Abuse can come at the hands of staff members or other residents. About 10% of adults over 60 have experienced a form of elder abuse, and that includes nursing home abuse. Though typically referred to as nursing home abuse, this type of abuse can occur in any setting where seniors are cared for, including nursing homes, assisted living facilities, and in-home care.
These facilities and institutions are meant to provide a safe and comfortable living environment for elderly individuals who need assistance with daily activities or have health concerns that require medical attention. Unfortunately, not all nursing homes provide adequate care and in some cases subject residents to abuse.
Like with other types of abuse, nursing home abuse can include any combination of several forms. It can be direct, such as physical, emotional, sexual, or financial abuse. It can also be more indirect, as in the case of medical neglect or intentional withholding of care.
Any of these forms of abuse is a serious crime and a breach of trust that could potentially find the guilty party liable for damages.
It can be difficult to recognize signs of nursing home abuse, especially if the resident is unable to communicate or is fearful of speaking up. If you’re not there around the clock, you may not see the abuse occur, so it’s important to be able to identify some potential indicators.
Signs of physical abuse can include injuries such as bruises, cuts, or broken bones. Unexplained bruises or bleeding around the genital area can be signs of sexual abuse. Changes in behavior such as increased agitation, fear, or withdrawal could be signs of several types of abuse, such as sexual, emotional, or physical. Unexplained changes in a resident’s finances or missing personal belongings can be a sign of financial abuse.
Each year, thousands of elder seniors claim to have suffered abuse in their care facilities.
Abuse can be physical, sexual, emotional, or financial.
A nursing home injury lawyer deals with cases that involve physical harm, namely physical abuse, sexual abuse, and negligence.
Nursing home abuse can be a single event or a series of abusive behaviors.
Your attorney will examine anything that may have caused or worsened the injury.
It’s important that if you witness or experience a form of nursing home abuse, you reach out to authorities as soon as possible.
You’re encouraged to call the police, your state’s ombudsman, or the Adult Abuse Hotline.
You can quickly find emergency phone numbers online.
Some historical examples of nursing home abuse include:
It’s important to note that, while statistically, age may play a factor in nursing home abuse, any resident of an assisted living facility can be a victim.
Medical negligence, similar to medical malpractice, is when a medical professional ignores the standard of care that they’re expected to follow in their position.
It could be a doctor lying about their patient’s diagnosis, a surgeon performing unnecessary surgeries, or a radiologist ignoring lab results, for example.
Medical negligence can also take place in a nursing home.
If you think medical negligence is taking place in a nursing home, you may want to ask a nursing home injury lawyer the best way to intervene.
Bedsores make up a significant portion of nursing home negligence cases.
They are highly preventable which means the plaintiff or the victim’s family immediately looks to the staff for an explanation.
In some cases, a nursing home will actively try to hide the presence of bedsores in their facility.
Situations like this are especially damaging for those who are in charge.
If you or someone you know lives in a nursing home and is beginning to suffer from a skin condition, it could be the start of bedsores.
Immediately ask the staff about it.
Their answer is crucial in preventing further illness and for evidence in a potential lawsuit.
These nursing home injury statistics show how big the problem is:
Preventing nursing home abuse requires a multi-faceted approach. Facilities need to ensure that staff members are adequately trained in recognizing and preventing nursing home accidents and abuse. Background checks and thorough screening processes should be in place to prevent individuals with a history of abuse from working in the industry.
Residents should also have access to a support system, such as family or friends, who can advocate for their needs and speak up if they suspect abuse. Nursing homes should have protocols in place to investigate any allegations of abuse and take appropriate action.
If abuse is suspected, it is important to report it to the appropriate authorities. This includes the nursing home administrator, the local ombudsman, or Adult Protective Services. In cases of suspected criminal activity, law enforcement should be contacted.
The main purpose of a nursing home is to take care of elder individuals who can no longer care for themselves.
Employees, therefore, have many responsibilities with their clients.
Some responsibilities include, but are not limited to:
But whose fault is it when something goes wrong?
Liability depends on the circumstances.
If evidence shows the injury to be the result of, say, the carelessness of a staff member, then a case against the nursing home might be viable.
The nursing home may also be liable if they failed to uphold certain responsibilities and it led to an injury.
Sometimes a nursing home injury is neither the victim nor the nursing home’s fault.
For example, if an elder person takes a pill that ultimately harms them, it could be the maker of the pill who’s liable rather than the nursing home.
The same applies to faulty medical equipment such as a walker or IV bag.
It’s best to consult a nursing home injury lawyer about who is liable for your injury.
If you believe you or a loved one has been a victim of nursing home abuse, you can begin by calling a nursing home abuse lawyer and telling them what happened. Legal counsel can help to determine if a nursing home abuse lawsuit is the right option for you.
Nursing home abuse attorneys are experienced in personal injury cases, so they can help with filing a lawsuit. After agreeing to take your case, your lawyer will begin to gather evidence for your case. Names, photos, videos, and receipts are all helpful pieces of evidence that can help build your case as strong as it can be.
Your nursing home abuse attorney will then examine the facts and evidence to determine liability for you or your loved one’s injuries. The total cost of these injuries is generally described as a combination of compensatory damages and punitive damages.
You, as the plaintiff, will seek compensation from the liable party to cover these damages.
It is important to mitigate injury by seeking medical treatment right away and following your doctor’s orders. In addition to taking care of yourself or a loved one, this is an important part of building a strong nursing home abuse lawsuit argument.
Your state’s statute of limitations bars you from taking legal action after a specific amount of time has passed, so do not hesitate to seek legal aid from a nursing home abuse lawyer as soon as possible after the incident.
The timeline of a nursing home lawsuit is variable, but can generally take at least 18 months to complete. The exact length will depend on the discretion of the court, the strength of the case, and whether it’s criminal or civil.
It’s always ideal to begin the legal process as soon as possible. Every state has a statute of limitations, and it’s easier to gather evidence when the abuse is still recent. Your nursing home injury lawyer will guide you through each phase of the lawsuit.
The nursing home abuse lawyer team at TorHoerman Law are experts at elder injury cases.
We know the difficulty of confronting the perpetrators while trying to recover from trauma.
If you’ve suffered in any of the ways described, you can contact us at (888) 508-6752 or use the chatbot below for a free instant online case evaluation.
You should also strongly consider reporting the abuse at the Adult Abuse Hotline at (800) 222-8000.
At TorHoerman Law, we offer contingency fee options for all nursing home abuse lawsuit clients.
We also offer free no-obligation case consultations for all potential clients.
So, contact a nursing home abuse lawyer at TorHoerman Law today to discuss your options, free of charge and no obligation required.
Nursing home injuries are likely much more prevalent than you may think.
Thousands of senior citizens suffer from negligent care each year.
Some obvious signs to look out for include:
The timeline of a nursing home abuse lawsuit can vary, but you can generally expect them to take at least 18 months to resolve.
The exact length will depend on the discretion of the court and the strength of the case.
Every state has a statute of limitations and it’s easier to gather evidence when the abuse is still recent.
Yes, nursing homes can be held legally liable for someone’s injuries.
You may be eligible for compensation if you have received negligent care that has caused an injury or illness that you would not have otherwise have suffered.
Also, you can raise a claim on behalf of a victim who is unable to act for themselves legally.