Instances of elder abuse in Montana nursing home are on the rise every year. It is one of the most devastating experiences to discover that a loved one is being abused or neglected in a nursing home. Family members often pay thousands of dollars so that their loved ones can receive care in nursing home facilities, but the reality is that they often do not receive this care. When it is discovered that a loved one has been harmed in a nursing home facility, family members must take action and stand up for the rights of that loved one.
The statistics for Montana nursing homes indicate that it is more likely than not that your loved one resides in a nursing home with severe deficiencies. Currently, over 50 percent of Montana nursing homes have been cited as having an accident-prone environment. In addition, over 26 percent of nursing home facilities do not provide the adequate urinary or incontinence care that loved ones require. Over 32 percent of all nursing homes in Montana also have been cited with deficiencies due to the number of residents developing bed sores every year. These unfortunate statistics reveal that more pressure must be placed on nursing homes to ensure that loved ones are protected at all times. Family members can begin placing this pressure on nursing homes by getting in touch with Montana nursing home lawyers today.
Montana Nursing Home Injury Laws
Family members of abused, neglected or deceased nursing home residents have several options for the legal strategy that they may pursue. A nursing home injury lawyer can help you in the process of filing a negligence claim, medical malpractice claim or a wrongful death claim. In a negligence action, family members have only three years in which to file a lawsuit since the occurrence of the original injury. For medical malpractice claims, the time period may last for up to five years. Wrongful death actions may be filed within three years from the date of the original injury that lead to the loved one’s death. Noneconomic damages for any of these actions is capped at $250,000. Punitive damages are capped at $10 million of three percent of the defendant’s net worth.
In Montana, there are also a couple of statutes that govern cases involving nursing home abuse and neglect. These statutes are the Protective Services Act for Aged Persons or Disabled Adults and the Elder and Persons with Developmental Abuse Prevention Act. Under these acts, a person must file a report when he or she knows or has a reasonable cause to believe that an elderly person is being subjected to abuse, exploitation or neglect. Physicians, nurses, assistants, social workers, chiropractors, dentists and even optometrists all have a legal duty to file a report of abuse when they have reasonable cause to believe that an elderly person is suffering from it.
Investigating the Abuse of Your Loved One and Filing a Report
When a report is filed, then a person at the agency that receives the report will then make a written description of the conditions of the abuse. A physician may also assist in gathering evidence after a report of abuse or neglect has been made. This may entail taking photographs of the trauma and injuries that a patient has suffered.
Once the evidence of one’s injuries and medical conditions has been gathered, it is important for family members to know that is has broad admissibility into evidence. Under §52-3-821, the Montana statutes clearly indicate that the report and its evidentiary basis may not be excluded from evidence based on a privilege. This means that a physician may not assert the physician’s privilege to try to keep evidence out of a trial concerning the abuse or neglect of a resident.
Call Our Montana Nursing Home Injury Lawyers Today
Call Montana nursing home lawyers today to learn about the legal strategies that you have for filing a claim. Montana nursing home lawyers will do whatever it takes to handle your case in a professional and precise manner. You can get in touch with one of our lawyers to schedule a meeting in the office or a discussion over the phone. Our attorneys are available to help families throughout Montana in areas such as:
- Great Falls
Now is the time to end the elder abuse in Montana nursing home that your loved one has suffered.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 3 years with Occurrence Rule.
- Medical malpractice – 3 years with Discovery Rule, but no later than 5 years from the date the injury was incurred. In case of minors under four years of age, SOL period begins to run on minor’s eighth birthday.
- Noneconomic damages are limited to$250,000
- Punitive damages – capped at $10 million or 3% of defendant’s net worth.
STATUTE OF LIMITATIONS
- 3 years. Mont. Code Ann. §27-2-204 – Tort actions-general and personal injury)
- Noneconomic damages are limited to$250,000. (Mont. Code Ann. §25-9-411)
- Punitive damages – capped at $10 million or 3% of defendant’s net worth. (Mont. Code Ann. §27-1-220)
- Montana Department of Public Health and Human Services
- Adult Protective Services
- Senior and Long Term Care Division
- Senior and Long Term Care Request for Information System
- Long-Term Care Ombudsman Program