Nursing Home Abuse Lawyer
If you suspect your loved one is a victim of
nursing home abuse
or neglect--or if you are a victim of nursing home abuse--obviously the first priority is to ensure the victim is no longer in a
dangerous situation. While state agencies responsible for the licensing and regulation of nursing homes should ensure staff involved
in the abuse or neglect are retrained, better supervised, terminated, or even prosecuted for criminal misconduct, stopping the
nursing home abuse or neglect is not the end of the issue. You want to ensure that your loved one continues to be safe, that he
or she receive treatment for any short or long-term affects of the abuse, and that neither you nor your loved one have to suffer
financially as a result of the abuse and its aftermath.
Nursing home administrators may offer compensation and ask you or your loved one to sign documents releasing them from further responsibility in the matter. They may attempt to charge your loved one for extra services needed to treat conditions caused by the abuse. Or they may obstruct your efforts to move your loved one to another facility, either temporarily to receive medical care or permanently if memories of the abuse are traumatic for your loved one. In these situations, it is wise to consult with a nursing home abuse lawyer to help you advocate for your elderly loved one. Most nursing homes will have legal counsel looking out for the facilities' interests; you and your elderly loved one need someone looking out for yours.
If you engage a nursing home abuse lawyer to act on behalf of you and your loved one, it doesn't mean that you will necessarily have to go to court. In fact, a nursing home abuse attorney with experience and knowledge of nursing home and elder abuse issues may be able to help negotiate an appropriate settlement without going to trial. Issues such as bed sores and other clear signs of abuse or neglect are matters that can usually be settled out of court. But regardless of whether you expect to file a lawsuit, to have the best chance of obtaining appropriate compensation it is a good idea to obtain legal help quickly.
Statutes of limitations--that is, the period of time after an injury or incident in which
one can file a suit--vary based on the type of injury (whether physical, emotional or financial) and on the location in which the
abuse or nursing home neglect
took place. Federal legislation may also affect how long you and your loved one have to pursue compensation through the court
system, as well as the type and amount of damages that can be awarded.
Because laws and regulations regarding nursing homes are complex and vary from state to state, it is important to consult with a nursing home abuse lawyer who has experience in dealing with nursing home cases where your loved one resides -- a factor to consider if the nursing home is in another state. It is also important to select a nursing home abuse attorney who has experience with and is knowledgeable about the many issues--medical, social, financial, and legal--that affect seniors and their families. In addition to expertise in these matters, a nursing home abuse lawyer will generally have access to expert witnesses (physicians, therapists, nutritionists, etc.) who can review the situation and testify as to the quality of care provided by the nursing home. This is vital if you end up needing to file a nursing home medical malpractice suit on behalf of your loved one. If the unthinkable has happened, and you suspect that the death of your loved one was caused or hastened by abuse or neglect in a nursing home, a nursing home abuse lawyer can help you determine whether or not to file a nursing home wrongful death lawsuit.
We Can Help
The Nursing Home Abuse Center recommends the law firm of McIver Brown if you or a loved one has been a victim of nursing home abuse or neglect.
McIver Brown Law Firm is a leading and award winning nursing home abuse law firm that handles cases throughout the United States.
Call McIver Brown toll free at 1-800-516-4783 or fill out the contact form at the top of the page for a free case evaluation.
And please do not hesitate to contact us if you need additional help.
"Elder Justice Act legislation could help combat elder abuse and neglect", June 2007, Eye on Elder Issues, http://www.naela.org/App_Themes/Public/PDF/Media/Eye%20On%20Elder%20Issues/Vol4No3June2007.pdf
"Nursing home to pay $3.5M to Wash. man's family", 20 January 2011, http://seattletimes.nwsource.com/html/localnews/2013982173_apwanursinghomesettlement.html
The Faces of Neglect: Behind the Closed Doors of Nursing Homes, 2006, http://www.theconsumervoice.org/advocate/faces-of-neglect