Nebraska Nursing Home Abuse & Neglect Lawyer

Nebraska Nursing Home Abuse LawyerDeciding 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.

According to data maintained by Medicare, there are 214 nursing facilities in Nebraska that are regularly monitored through inspections, investigations and surveys. The federal agency identified serious violations and deficiencies at seventy-one (33%) of these Nebraska homes that have led to resident injuries or death. If your loved one was mistreated, abused, injured, or died unexpectedly through mistreatment while residing at a Nebraska nursing home, you have the legal right to seek financial compensation to recover your damages. We encourage you to contact the Nebraska nursing home abuse attorneys at Nursing Home Law Center today to begin the process of filing a claim for monetary recovery. We offer every potential client a free case review.

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.

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.

Nebraska Nursing Home Negligence Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers

Nebraska Nursing Home NegligenceIf your loved one is a patient in a Nebraska nursing home, you want to make sure the staff takes all necessary steps to prevent the development of decubitus ulcers (bedsores; pressure ulcers; pressure sores). This is because bedsores are a major underlying cause of death of elderly individuals, especially those that are mobility challenged. Providing proper care, the nursing staff can prevent your loved one from developing pressure sores through:

  • A comprehensive assessment of the patient’s skin when admitted to the facility
  • Regular daily skin inspections from head to toe
  • Routine readjusting of the patient’s body to alleviate pressure on specific pressure points
  • Ensuring the patient remains dry and clean
  • Providing highly nutritious meals and sufficient hydration

At least once every two hours, the nursing staff should readjust the patient’s body to ensure the pressure is alleviated from bony prominences including the back of the head, shoulder blades, shoulders, sacrum, hipbones, ankles, toes and heels. Additionally, the skin on the patient’s entire body should be assessed once or twice every day to look for any early indicators of a developing bedsore.

Decubitus ulcers develop when pressure remains too long at any area on the body. The pressure from the body resting on a bed or sitting in a chair restricts blood flow and cuts off necessary oxygen to feed skin and tissue. Within a couple of hours, the lack of oxygen can begin to kill off the tissue at the site, causing a bedsore to develop. Most bedsores can be avoided by simply alleviating the pain every two hours day and night.

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When a Bedsore Develops at Nursing Home, Hospital or Assisted Living Facility

Negligence is usually the root cause of any developing bedsore in a nursing facility. Serious medical problems can occur from inattention when the staff is overworked or lacks sufficient training. Blisters and red dots will appear at the reddened site during initial stage of a developing bedsore. Typically, the surrounding skin will feel softer or firmer than the affected wound. In its early development, the decubitus ulcer usually shows no signs of abrasion.

However, without proper attention, the pressure ulcer can easily progress, where a shallow crater appears exposing dead tissue and fat deposits. In advancing stages, the crater begins to deepen, exposing the patient’s bone, muscles, tendons and fat. At this severe stage, any infection can be a serious life-threatening condition if not properly managed with effective antibiotics. The final stages of the decubitus ulcer can be extremely challenging to control and healing often requires the skills of experienced medical professionals who specialize in severe bedsores.

Determining When Neglect Is Involved

For many families, placing a loved one in a nursing facility is a last resort. However, they are often comforted in knowing that the staff provides all patients quality care. Because of that, it can be very disturbing to know that their loved one acquired a bedsore while at the facility. Families are often shocked when it is revealed that the bedsore could have been avoided had the nursing home provided proper care.

A facility-acquired decubitus ulcer is often the first indication that the patient is being neglected. In properly managed homes, nurses fully document the condition of every patient’s skin. The patient’s medical chart will note every detected sign of a developing sore and the steps taken to allow it to properly heal. If your loved one developed a pressure ulcer while at a nursing home, it is essential to take legal action.

Hire a Nebraska Bed Sore Law Firm to Prosecute a Case

Hiring an attorney is usually the best option for holding those responsible accountable for harming your loved one while in a nursing home. A reputable Nebraska decubitus ulcer attorney can stop the abuse immediately. The law firms listed below have immediate access to qualified medical personnel trained in treating life-threatening pressure ulcers. These professionals provide services in many Nebraska cities including:

  • Omaha
  • Lincoln
  • Bellevue
  • Grand Island
  • Kearney

Fill in the contact form here to schedule your free initial no obligation consultation. Our Nebraska nursing home attorneys work on contingency and require no upfront fees.

Call (800) 926-7565 Toll-Free for a No Obligation Consultation
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)

State Resources

Nursing Home Care State Law
  • Adult Protective Services Act – (Neb. Rev. Stat. §§28-348 – 387)

Related Articles Nursing Home Abuse & Neglect Resources
Client Reviews
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric