Michigan Nursing Home Abuse Lawyer

Nursing home abuse and neglect are pressing concerns in Michigan, affecting many vulnerable individuals who reside in assisted living facilities and nursing homes across the state. Family members often trust facilities to provide adequate and appropriate care to their loved ones. 

Unfortunately, cases of nursing home abuse and neglect are all too common, leaving Michigan nursing home residents at risk of suffering physical and emotional harm.

If you or a loved one has experienced any form of abuse or neglect in a Michigan nursing home, it is crucial to take immediate legal action. As experienced Michigan nursing home abuse lawyers, we are dedicated to holding nursing homes accountable for their failures in maintaining sufficient nursing staff and providing proper care.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to securing compensation for those affected by nursing home abuse. Our skilled legal team has a strong history of handling these sensitive cases and obtaining significant settlements and verdicts on behalf of our clients.

We conduct in-depth investigations to examine every aspect of the abuse thoroughly. Drawing on our extensive knowledge of nursing home abuse claims, we utilize the legal process to defend your rights.

Types of Cases Handled by Our Michigan Nursing Home Abuse Lawyers

Nursing home abuse occurs when a resident of a nursing home or assisted living facility is subjected to harm or mistreatment by staff members, other residents, or caregivers. This abuse can take many forms, all of which have devastating consequences for nursing home residents.

Our Michigan nursing home abuse lawyers handle a wide range of cases, including:

Physical Abuse

Physical abuse involves causing bodily harm to a nursing home resident, such as slapping, shoving, or pinching. It may also include the improper use of restraints, leading to physical injuries or emotional trauma.

Mental and Emotional Abuse

Mental and emotional abuse often manifests through verbal threats, name-calling, isolating residents, or yelling. This form of abuse can have severe impacts on a resident’s mental health, leading to depression, anxiety, or other psychological effects.

Sexual Abuse

Sexual abuse in nursing homes involves any non-consensual sexual activity with a nursing home resident. This type of abuse is particularly traumatic and can result in long-term physical and emotional harm.

Medical Malpractice

Medical malpractice occurs when nursing home staff members fail to provide adequate medical care, resulting in harm to the resident. Common examples include bedsores from laying in one location too long and medication errors, including administering the wrong medication. Any lack of appropriate medical treatment is typically considered medical malpractice. 

Negligence

Negligence involves the failure to provide basic care to residents. Malnutrition and dehydration are common signs of neglect. Residents who aren’t properly cared for may have poor hygiene. Elopement is often the result of improper supervision. These failures can result in severe injury or worsen the resident’s condition, leaving them vulnerable to further harm.

Financial Abuse

Financial abuse happens when a resident’s finances are exploited, either by staff members, caregivers, or other residents. This can involve unauthorized access to bank accounts, stealing possessions, or coercing the resident into altering their will.

Wrongful Death

In the most tragic cases, nursing home abuse or neglect can result in the wrongful death of a resident. These cases demand justice, and our nursing home abuse attorneys are committed to holding negligent nursing homes accountable for the unnecessary loss of life.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents and ensure they receive adequate and appropriate care free from abuse and neglect. These laws are designed to protect the rights, safety, and dignity of individuals residing in nursing homes and assisted living facilities and hold nursing homes accountable for any violations.

One of the most important federal laws is the Nursing Home Reform Act of 1987, which establishes minimum standards of care for nursing home residents. This law mandates that nursing homes provide services and activities that maintain or enhance each resident’s quality of life. 

It also ensures that residents are free from physical or mental abuse, neglect, and inadequate medical care. The act requires nursing homes to maintain sufficient nursing staff to meet the needs of the residents, perform regular resident assessments, and provide adequate medical treatment, including physician services.

In addition to federal protections, Michigan state laws further safeguard nursing home residents. The Michigan Department of Health and Human Services regulates nursing homes and investigates abuse and neglect cases. 

State laws also require nursing homes to maintain certain levels of care and staffing to ensure that residents are not subjected to abuse, neglect, or substandard living conditions. Michigan’s Public Health Code includes regulations on nursing home operations, ensuring that nursing facilities meet the required safety and care standards.

Eligibility to File an Elder Abuse Claim 

A nursing home abuse claim can be filed by several parties, depending on the circumstances. Primarily, a nursing home resident who has suffered abuse or neglect has the right to file a claim. 

However, many nursing home residents may be unable to file a claim themselves due to physical or mental limitations. In such cases, family members or legal representatives, such as a court-appointed guardian, can file the claim on the resident’s behalf.

In situations where nursing home abuse results in wrongful death, the victim’s family members may also file a wrongful death claim to seek justice for the loved one’s untimely death. These claims aim to hold nursing homes accountable for the damages suffered by the resident and their family, including medical bills, emotional distress, and funeral expenses.

Liability in Nursing Home Neglect and Abuse Cases 

Nursing home abuse often involves more than one individual, and multiple parties may be held accountable for the mistreatment of residents. Depending on the circumstances, liability can extend to nursing home employees, management, or third-party contractors. 

Each party plays a role in the overall care and well-being of nursing home residents, and when that responsibility is neglected, legal consequences can follow.

Nursing Home Employees

Nursing home staff members, including nurses, caregivers, and aides, are often directly responsible for abuse or neglect. They may be liable for physical abuse, improper use of restraints, or neglecting basic needs such as hygiene and nutrition. In nursing home neglect cases where staff members engage in or enable abuse, they can be held accountable for the harm caused.

Nursing Home Management

The facility’s management or administration can also be liable if they fail to maintain sufficient nursing staff, adequately train employees, or provide proper oversight. Poor hiring practices, lack of supervision, or failure to report known abuse are just a few examples of negligence that could make nursing home management legally responsible.

Third-Party Contractors

Some nursing homes rely on third-party contractors for medical care, physical therapy, or facility maintenance. If these contractors fail to meet the necessary standards of care, leading to injury or neglect, they, too, can be held liable. For example, a contractor responsible for administering medications could be held accountable for medication errors that harm a resident.

Parent Companies

In a nursing home abuse case where the nursing home is part of a larger corporate structure, the parent company may be liable for systemic issues such as underfunding or understaffing, which can contribute to widespread neglect or abuse. 

If the parent company prioritizes profits over the welfare of residents, leading to unsafe conditions, they may share legal responsibility for the resulting harm.

Physicians or Medical Providers

Physicians or medical staff contracted by the nursing home could also face liability for failing to provide adequate medical treatment. For example, if a resident develops severe pressure ulcers due to inadequate medical care, the responsible physician may be liable for medical malpractice.

How Our Michigan Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced legal team is dedicated to fighting for the rights of nursing home residents and their families. We have a long history of successfully handling nursing home abuse cases, ensuring that those responsible for abuse and neglect are held accountable. 

Our team understands the sensitive nature of these cases and works diligently to provide compassionate, effective legal representation. From start to finish, we guide our clients through every step of the legal process, ensuring they are informed and supported.

Here are some of the ways our Michigan nursing home abuse attorneys can assist you:

Free Case Evaluation

We offer a no-cost, no-obligation consultation to assess the details of your case. During this free case evaluation, we will review the facts, answer your questions, and honestly assess the legal options available. Our team will help determine if there is sufficient evidence to move forward with a nursing home abuse lawsuit.

Case Investigation

Our attorneys conduct a thorough investigation into the allegations of abuse or neglect. We gather vital evidence, including medical records, staff reports, and witness statements, to build a strong case. This step is crucial in proving that nursing home negligence or abuse occurred and identifying all responsible parties.

Filing the Claim

Once we have gathered sufficient evidence, we will file the legal claim on your behalf. Our attorneys ensure all legal paperwork is prepared correctly and submitted, ensuring compliance with Michigan’s legal requirements. We will also meet all necessary deadlines to keep your case moving forward without delay.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlements before reaching trial. Our experienced attorneys are skilled negotiators working to secure the best possible settlement for you and your family. We will seek compensation for medical expenses, emotional suffering, and any other damages related to the abuse or neglect suffered by the nursing home resident.

Trial Representation 

We are prepared to take your case to trial if a fair settlement cannot be reached. Our legal team has extensive courtroom experience and will aggressively advocate for your rights in court. We will present compelling evidence to hold the nursing home and other responsible parties accountable for the harm caused.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 424 Medicare-approved nursing homes in Michigan. Of these, 165 facilities (39%) have received a below- or much-below-average overall score.

Specifically, 189 nursing homes (45%) fail health inspections, highlighting concerns about regulatory compliance and safety standards.

Regarding staff levels, 132 facilities (31%) received low scores, highlighting widespread inadequacies in staffing that can affect the quality of care and attention residents receive.

Regarding quality measures, 53 nursing homes (12%) rated poorly, indicating that most nursing homes in the state are not meeting high standards of care.

Additionally, 51 facilities (12%) were cited for abuse, raising severe concerns about resident safety in nearly one-third of the state’s facilities. [1]

The worst-rated Michigan nursing homes include:

Recognizing the signs of nursing home abuse is essential for protecting the well-being of nursing home patients. Abuse and neglect can often go unnoticed, especially if the victim is unable or afraid to speak out. Family members and loved ones should be vigilant and aware of the potential indicators of mistreatment. 

If you notice any of the following signs, it may be time to take action and consult with nursing home negligence lawyers.

• Unexplained Injuries: Bruises, cuts, broken bones, or other injuries that cannot be easily explained may indicate physical abuse. It may be a red flag if staff members provide vague or inconsistent explanations for these injuries.
• Sudden Weight Loss or Malnutrition: Significant weight loss, dehydration, or signs of malnutrition often point to neglect. When nursing homes fail to provide adequate nutrition and hydration, residents’ physical health can deteriorate quickly.
• Bedsores (Pressure Ulcers): Bedsores are a common result of neglect when nursing home staff fails to move regularly or reposition residents who are bedridden or have limited mobility. Untreated pressure sores can lead to severe infections and long-term health complications.
• Poor Hygiene: Neglect may also manifest through poor hygiene. Residents may be left unbathed for extended periods, or their living areas may be dirty or unsanitary. Signs of neglect include unwashed clothing, soiled bedding, and an overall lack of personal cleanliness.
• Emotional Withdrawal or Depression: Emotional or psychological abuse can be harder to detect but is equally harmful. Signs such as sudden withdrawal from social interactions, depression, anxiety, or fearfulness around certain staff members may signal mental or emotional abuse.
• Unexplained Financial Transactions: Financial abuse can occur when caregivers or staff members exploit residents for their financial gain. Unexplained withdrawals from bank accounts, sudden changes to wills or financial documents, or missing personal belongings are indicators of financial abuse.
• Fearfulness Around Staff: If a nursing home resident appears afraid or anxious around specific staff members, it may suggest abuse. Fear of speaking up or being near their caregivers is often a telling sign of mistreatment.
• Lack of Proper Medical Care: Neglect can occur in the form of medical malpractice. Signs of poor medical care include untreated infections or the failure to provide necessary medical treatment, including administering medication. Neglected residents may develop preventable conditions, such as bedsores.
• Changes in Behavior: Sudden changes in a resident’s behavior, including anger, agitation, or sudden aggression, can be a response to abuse or neglect. Behavioral changes may indicate that the resident is suffering from emotional or physical trauma.
• Frequent Falls or Accidents: Frequent falls or other accidents may suggest that the nursing home is not providing adequate supervision or assistance to prevent injuries. A pattern of accidents should raise concerns about the level of care being provided.

What to Do If You Suspect Nursing Home Abuse

If you suspect that a loved one is experiencing nursing home abuse, it’s essential to take immediate action to protect their well-being. Here are the key steps you should follow:

Call 911

If your loved one is in immediate physical danger or experiencing a medical emergency due to abuse or neglect, contact 911 right away. Emergency services can provide immediate assistance, remove the resident from harm, and ensure they receive necessary medical care.

Report to the Administrator

If the situation is not immediately life-threatening, your next step is to report your concerns to the nursing home’s administrator or management. They must investigate claims of abuse or neglect and take appropriate action to protect the resident. Document the name of the person you spoke with and the details of your report in case further legal action is needed.

Call an Ombudsman’s Office

Every state has a long-term care ombudsman’s office responsible for investigating complaints about nursing homes and assisted living facilities. The ombudsman advocates for residents, investigates claims of abuse or neglect, and works with the facility to resolve issues. 

Filing a complaint with your local ombudsman can ensure the issue is taken seriously and addressed promptly.

Contact a Nursing Home Abuse Lawyer

If you believe your loved one has been harmed due to nursing home abuse or neglect, it’s crucial to consult with a qualified Michigan nursing home abuse lawyer. An experienced attorney can help you understand your legal rights, guide you through filing a nursing home abuse lawsuit, and work to hold the responsible parties accountable. 

By pursuing legal action, you can seek compensation for the harm suffered and ensure the nursing home is held accountable for its negligence or abuse.

Damages Awarded in Nursing Home Abuse Cases 

When a nursing home resident suffers abuse or neglect, they and their family members may be entitled to various forms of compensation. Through a nursing home abuse claim, victims can seek damages for the physical, emotional, and financial harm caused by the abuse. 

The damages awarded in these cases typically fall into three categories: economic, non-economic, and punitive.

Economic Damages

Economic damages are intended to cover the quantifiable financial losses that result from nursing home abuse or neglect. These may include:

• Medical Expenses: Compensation for past, current, and future medical bills related to the injuries suffered due to the abuse. This includes hospital stays, doctor visits, physical therapy, and necessary medical treatment.
• Relocation Costs: If the abuse or neglect necessitates moving the resident to another nursing home or assisted living facility, relocation costs may be covered.
• Lost Wages or Income: In cases where a family member has to miss work to care for their loved one, they may be able to recover lost wages.
• Funeral and Burial Expenses: In the tragic event of wrongful death, the family can recover the costs associated with the funeral and burial.

Non-Economic Damages

Non-economic damages compensate for the more subjective and intangible losses that result from nursing home abuse. These may include:

• Pain and Suffering: Compensation for the physical pain and emotional distress endured by the victim due to the abuse. This can include both the physical suffering caused by injuries and the emotional toll of psychological abuse, neglect, or humiliation.
• Loss of Enjoyment of Life: If the resident’s quality of life has been significantly diminished due to abuse or neglect, they may be entitled to damages for loss of enjoyment of life.
• Emotional Distress: The emotional and psychological effects of abuse, such as anxiety, depression, or PTSD, can also be compensated through non-economic damages.

Punitive Damages

Punitive damages are awarded in cases where the abuse or neglect was particularly egregious or malicious. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are intended to punish the wrongdoer and deter future misconduct.

The Cost of Hiring a Michigan Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of legal fees can be overwhelming, especially when you are dealing with the trauma of nursing home abuse or neglect. That’s why we offer our legal services on a contingency fee basis. 

This means you don’t pay any upfront fees or out-of-pocket costs to be represented by our nursing home abuse attorneys. We only get paid if we successfully recover compensation for you and your loved one through a settlement or verdict.

You Have Limited Time to Take Legal Action in Michigan

If you suspect that a loved one has suffered abuse or neglect in a Michigan nursing home, it’s important to act quickly due to the statute of limitations. The statute of limitations is the legal time limit for filing a nursing home abuse lawsuit. 

In Michigan, the time frame to file a personal injury or wrongful death claim related to nursing home abuse is generally three years from the date the abuse or neglect occurred or was discovered.

Failing to file within this time limit can result in the court dismissing your case, and you may lose the opportunity to seek compensation for your loved one’s injuries. However, exceptions and complexities may apply to your case, such as cases involving medical malpractice or delayed discovery of the abuse.

To ensure your case is filed promptly, it’s essential to consult with an experienced Michigan nursing home abuse lawyer who can guide you through the legal process and ensure your rights are protected within the appropriate legal time frame.

Contact a Michigan Nursing Home Abuse Attorney Today!

At the Nursing Home Law Center, we have extensive experience handling nursing home abuse cases across Michigan. Our skilled legal team has successfully represented victims of nursing home abuse and neglect, securing significant settlements and verdicts that help restore dignity and justice to affected families. 

We understand the emotional toll these cases can take, and we are committed to providing compassionate, thorough legal representation every step of the way.

If you or a loved one has suffered abuse or neglect in a Michigan nursing home, don’t wait to take action. Our attorneys are ready to help you hold negligent nursing homes accountable and seek the compensation you deserve. Contact us today for a free consultation, and let us guide you through protecting your loved one’s rights.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] CMS