Nebraska Nursing Home Abuse Lawyer

Nebraska Nursing home Abuse and Neglect

Deciding to place a loved one in a nursing home is no easy decision. It often takes considerable forethought and discussion with family members to make the decision to entrust a loved one’s care in a nursing home. Upon placing a resident in a nursing home, family members should never have to second-guess their decision due to suspicious behavior that arises in a nursing home setting. Unfortunately, this is the experience of many family members.

Family members usually begin to have a vague sense or hunch that a loved one is not receiving the care that they should in a nursing home. This may be due to unchanged bed sheets, unclean floors or missing personal belongings of the resident. Over time, the neglect that a loved one experiences may become worse. A loved one may have actual physical scratches, wounds or other injuries that indicate a clear problem exists. Instead of waiting for an abusive situation to progress to this stage, you should contact a Nebraska nursing home lawyer as soon as you suspect there is wrongdoing. Nebraska nursing home lawyers are here to provide support for your loved one and family members in this difficult time.

Nebraska Nursing Home Injury Laws

The Adult Protective Services Act is in place to ensure that your loved one is treated with the care and attention that he or she is entitled to under the law. This Act allows the court to use its discretion to enact orders when it is clear that a vulnerable adult is at risk for being subjected to neglect or abuse. After abuse or neglect is reported to a government agency, then the court will have the power to issue an emergency order for the temporary placement of a loved one. The vulnerable adult may be placed in an alternative nursing home for up to 48 hours.

There are also broad protections in place for nursing home residents under the Nursing Home Reform Act of 1987. It is vital that nursing home administrators recognize the broad rights articulated in this Act, because there are severe sanctions for failing to do so otherwise. There are frequent violations of a resident’s right to be free from abuse and neglect every year. This right can be impeded when physical or chemical restraints are imposed on residents. It may also be impeded when facilities are not maintained, equipment is broken, residents are left alone, residents do not receive proper nutrition and in other scenarios. Some of the sanctions that may be imposed include a directed plan of correction, monitoring by the state, civil monetary penalties, denial of Medicaid and Medicare payments and denial of payment for new Medicare or Medicaid admissions. These penalties can cause nursing home administrators to go out of business or even go bankrupt, so it is important that administrators abide by these laws.

Stand Up for Your Loved One’s Rights Today

If you have noticed that a loved one may be suffering from elder neglect in Nebraska, then it is important to stand up for his or her rights today. You can discuss the details of your situation with a Nebraska nursing home lawyer to decide whether you may have a valid claim. Nebraska nursing home lawyers are aware of case developments in jurisdictions throughout the state that could also have a significant impact on your case. It is in your best interest to speak with a Nebraska nursing home lawyer about protecting your loved one’s rights today. There may be a pattern of abuse and neglect occurring in the nursing home, and a lawyer can investigate this pattern. In addition, a lawyer may be able to determine whether there were past instances of misconduct, abuse or neglect at a nursing home.

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Speak with Our Nebraska Nursing Home Injury Lawyers Now

Call now to talk with one of our experienced nursing home lawyers to end elder neglect in Nebraska. Our lawyers are ready to provide you and your loved one with the compassionate care, respect and professionalism that you deserve. We have attorneys available to assist families throughout Nebraska in areas such as:

  • Bellevue
  • Fremont
  • Grand Island
  • Hastings
  • Kearney
  • Lincoln
  • North Platte
  • Norfolk
  • Omaha

Our lawyers are ready to aggressively pursue a claim against any nursing home worker or administrator who may be guilty of abuse and neglect.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 4 years with Discovery Rule. (Neb. Rev. Stat. §25-207)
  • Medical malpractice – 2 years. If the injury is not discovered within the 2-year period, then the action must be filed within 1 year from the date the injury was or should have been discovered, whichever is earlier, but no later than 10 years after the act or omission that provides the basis for the action. (Neb. Rev. Stat. §25-222; Neb. Rev. Stat. §44-2828)

DAMAGES CAP

  • Maximum amount recoverable under Nebraska Hospital-Medical Liability Act and from any and all health care providers and the Excess Liability Fund is $1 million for occurrences after December 31, 1984 and on or before December 31, 1992, $1,200,000 for occurrences after December 31, 1992 and on or before December 31, 2003, and $1,750,000 for occurrences after December 31, 2003. (Neb. Rev. Stat. §44-2825)

Wrongful Death

STATUTE OF LIMITATIONS

  • 2 years. (Neb. Rev. Stat. §30-810)

DAMAGES CAP

  • Maximum amount recoverable under Nebraska Hospital-Medical Liability Act and from any and all health care providers and the Excess Liability Fund is $1 million for occurrences after December 31, 1984 and on or before December 31, 1992, $1,200,000 for occurrences after December 31, 1992 and on or before December 31, 2003, and $1,750,000 for occurrences after December 31, 2003. (Neb. Rev. Stat. §44-2825)

Nursing Home Care State Law

  • Adult Protective Services Act – (Neb. Rev. Stat. §§28-348 – 387)

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