Legal Options

After discovering that a loved one has suffered abuse in a nursing home, you can feel a wide range of emotions, from anger to guilt.

In many cases, you want to hold these negligent or abusive parties responsible for their actions. In these situations, you have the right to file a lawsuit to seek compensation and justice in these cases.

Nursing home abuse is a serious issue that affects thousands of elderly individuals each year. Within the last year, the World Health Organization has issued a report stating that 1 in 6 older adults have suffered abuse in an assisted living facility. To make matters worse, around 64% of long-term care staff report perpetrating abuse against residents.

If you suspect that a loved one is being mistreated in a nursing home, you will want to learn about your legal options. Let’s take a look at what you need to do to start pursuing a lawsuit for your loved one.

Identifying the Abuse

Before you can initiate a legal claim, you will need to identify the type of abuse suffering in a nursing home.

• Unexplained bruises, burns, and fractures could be indicators of physical abuse.
• Emotional abuse can lead to changes in a loved one’s behavior, such as withdrawing from social settings or showing fear around staff members.
• A loved one suffering from unexplained injuries to the breasts or genitals may have been the victim of sexual abuse.
• Sudden changes in income, unexplained withdrawals from bank accounts, and missing belongings are red flags for financial abuse.
• Poor hygiene, malnutrition, and bedsores are often signs that your loved one has been neglected.

Reporting the Abuse

There are state and federal nursing home laws and regulations. If you suspect that your loved one is being abused in a nursing home, you need to know how to report it immediately. Not only does it help to end the abuse, but it can also give you a solid legal foundation for a lawsuit.

You will want to:

• Document the abuse: Any legal claim will need evidence. You will want to keep detailed records of every incident, including dates, times, locations, and the people involved. If possible, take photographs of any physical injuries or living conditions.
• Speak with the nursing home administrators: If you believe that a loved one has been abused, you need to report your concerns to the nursing home’s management. These professionals are responsible for ensuring their residents’ safety and well-being.
• Contact your local law enforcement: If the abuse is severe or the nursing home fails to take appropriate action, you should contact your local law enforcement agency. Filing a police report is another critical piece of evidence in your case.
• Consult with a nursing home abuse lawyer: An attorney can guide you through the legal process, protecting your loved one’s rights and getting them the help they need.

Seek Legal Recourse

If you have evidence that abuse occurred, you have the right to file a nursing home abuse lawsuit against the neglect parties. These healthcare professionals and other staff members are responsible for caring for your loved ones.

Whether they neglect your family member’s needs or openly abuse a loved one, you need to take legal action against them. You may be able to file a lawsuit against:

• The nursing home facility for violation of state and federal laws. They may also be in violation for breach of contract and neglected in their actions to prevent or stop the abuse.
• Staff members who perpetrated the abuse can be held personally liable, including nurses, aides, maintenance staff, or housekeeping members.
• Management that does not take action to stop the abuse or fails to supervise or train their staff could be held liable for these actions.
• Third parties could be held liable in some cases. Any visitors, contractors, or other residents who perpetrated the abuse may be named in the lawsuit. In some cases, third parties may also be held responsible.

Who can file a lawsuit? In most cases, these parties can include:

• The person who suffered the abuse
• Family members include spouses, children, parents, siblings, or other members of the resident’s family
• Estate representatives can often file a claim on behalf of the victim

Since these laws vary by location, you will want to reach out to a nursing home abuse lawyer to understand your legal options.

What Type of Lawsuit?

In these cases, you can file either a personal injury lawsuit or a wrongful death.

For those who experienced some type of harm via sexual, physical, emotional, or neglect abuse, then this may be the option for you or a loved one.

Unfortunately, some nursing home abuse cases end in the death of the resident. With that, surviving family members have an option to file a wrongful death claim.

If the abuse is substantiated, you may be able to file a lawsuit against the nursing home or the individuals responsible. This could be a personal injury lawsuit if your loved one has been physically harmed or a wrongful death lawsuit if the abuse led to their death.

What Damages Can I Recover?

In a nursing home abuse lawsuit, you may be able to recover:

• Medical bills, hospital expenses, and other rehabilitation and treatment costs. Most of the time, this can include current and future expenses.
• Lost wages may be recovered if you take time off to deal with this situation.
• Pain and suffering can compensate for the emotional distress and physical pain suffered by the nursing home abuse victim.
• Emotional distress includes the physical impact of these abusers, such as posttraumatic stress disorders, anxiety, and depression.
• Funeral and burial costs if the abuse was so egregious that it resulted in the death of a loved one.

Please note that the exact types and amounts of damages you may be able to recover can vary depending on the laws in your jurisdiction. You will want to consult a legal professional for advice tailored to your situation.

Nursing home abuse is an issue that should never be overlooked. If you suspect that your loved one is being abused, you need to take immediate action.

The above may not cover all possible legal options or steps. You will want to consult with a nursing home abuse lawyer to explore your legal options.