Nursing Home Abuse Lawyer

Experienced Law Firm Recovering Compensation in Nursing Home Abuse Cases 

Nursing home abuse is a grave and often hidden issue affecting countless elderly residents in care facilities across the nation. Despite being entrusted with the care of our loved ones, some residential homes fail to meet basic standards of care, leading to abuse that has devastating consequences. 

Relatives and loved ones must speak up if they notice danger signs, like unexplained injuries, changes in behavior, or poor living conditions. If you suspect maltreatment, take action with an experienced nursing home abuse lawyer as soon as possible. 

The Nursing Home Law Center works with clients all across the U.S., with licensed nursing home abuse attorneys near you, ready to help. Wherever you are, we’re here to support you and make sure victims get the care and justice they deserve. By working with reputable nursing home abuse lawyers you can ensure your loved one’s rights are protected.

Nursing Home Abuse Settlements 

Settlements in nursing home abuse cases can vary depending on the situation. Here are some notable settlements our experienced nursing home abuse lawyers have recovered for residents:

• $1,500,000 Settlement – Secured for a group home resident who was physically abused by other residents, leading to serious harm.
• $1,250,000 Settlement – Reached for a wrongful death claim after a woman tragically choked, with the case settled before litigation.
• $1,200,000 Settlement – Awarded for a disabled woman who was injured in a nursing home van accident.
• $1,700,000 Settlement – Recovered for a nursing home resident who suffered a subdural hematoma and hip fracture after inadequate fall prevention measures.
• $1,500,000 Settlement – Secured for the family of a dementia patient who ingested poison after gaining access to chemicals in an unlocked storage closet.

These cases demonstrate the impact of abuse in nursing homes and the importance of an experienced nursing home abuse lawyer holding negligent facilities accountable. If you suspect nursing home abuse and neglect, act quickly to get the legal support you deserve.

What Is a Nursing Home Abuse Lawyer?

A nursing home abuse lawyer is a legal professional specializing in representing elderly residents and their families in cases involving neglect within a long-term care home. 

Nursing home abuse attorneys possess expertise in elder law and personal injury law. Each experienced nursing home abuse lawyer works diligently to hold negligent nursing homes accountable, secure financial compensation, and ensure that the rights of elderly individuals are protected. 

Why Hire the Nursing Home Law Center

At the Nursing Home Law Center, our experienced nursing home abuse lawyers are dedicated to obtaining justice and compensation for victims of elder abuse in nursing homes. Our skilled nursing home abuse lawyers have a history of managing abuse cases with care and achieving substantial settlements. 

Types of Cases Handled by Our Nursing Home Abuse Lawyers

Nursing home abuse is the mistreatment or neglect of elderly residents in nursing homes and assisted living facilities, resulting in physical harm and emotional trauma. 

Our experienced team of nursing home abuse lawyers is equipped to handle a wide range of abuse and neglect cases, ensuring victims receive the compensation they deserve.

Physical Abuse

Physical abuse in nursing homes involves intentional harm or injury to residents. This can include hitting, slapping, or inappropriate use of restraints. Such abuse can lead to severe physical injuries, including broken bones, bruises, or even more serious harm. 

In these cases, elder abuse attorneys conduct thorough investigations to hold the responsible parties accountable and secure compensation for the victims of residential home abuse and neglect.

Mental and Emotional Abuse

Mental and emotional mistreatment involves inflicting psychological harm on seniors in a nursing home through verbal abuse, threats, humiliation, or isolation. An experienced nursing home abuse lawyer knows this type of abuse leads to emotional distress, anxiety, and depression in victims. 

We work diligently to uncover evidence of psychological harm, ensuring perpetrators are brought to justice.

Sexual Abuse

Sexual assault in nursing homes is a heinous violation of a resident’s dignity and rights, involving any unwanted sexual contact or behavior. We handle these sensitive cases with the utmost care, working to protect the victims’ rights and secure compensation for their trauma.

Medical Malpractice

Medical malpractice occurs when residents receive substandard care, resulting in harm or injury. Common examples include bedsores, medication errors, and failure to provide necessary medical treatment. 

We are experienced in handling complex clinical misconduct cases, holding negligent nursing home staff members and facilities accountable.

Nursing Home Neglect 

Nursing home negligence refers to the failure to provide adequate care and meet residents’ basic needs. This can result in poor hygiene, malnutrition, dehydration, or even elopement. Our nursing home negligence lawyers are skilled in identifying signs of negligence and pursuing legal action to protect the victim’s rights.

Financial Abuse

Financial misconduct involves the illegal use of a nursing home resident’s financial resources. Elder abuse lawyers work to uncover and address elder financial exploitation, ensuring victims receive restitution, and those responsible are held accountable.

Wrongful Death

Wrongful death cases arise when an assisted living facility resident dies due to nursing home abuse. Experienced nursing home abuse attorneys rigorously pursue wrongful death claims, to secure financial compensation for the victims’ families.

Understanding Your Legal Rights

Senior citizens are protected under federal and state laws designed to ensure their safety, dignity, and quality of life. 

These legal protections aim to prevent nursing home mistreatment and provide a framework for holding nursing facilities accountable. Understanding these rights is crucial to take legal action in nursing home abuse cases. 

If you have any questions, contact a nursing home abuse lawyer as soon as possible.

Federal Protection Under The Nursing Home Reform Act of 1987

One of the most significant federal laws protecting elderly residents is the Nursing Home Reform Act of 1987. If you suspect a failure to comply with the Act, contact an experienced nursing home abuse lawyer immediately.

The Act outlines several fundamental rights, including:

• Right to Dignity: Treated with respect by staff members and given a choice in care
• Right to Privacy: Personal and medical matters kept confidential
• Right to Safety: Protection from abuse, neglect, and exploitation
• Right to Informed Care: Participation in medical decisions
• Right to Voice Concerns: Ability to file complaints without retaliation

Several federal laws complement the Nursing Home Reform Act by offering broader safeguards for individuals in long-term care facilities, including:

• The Civil Rights of Institutionalized Persons Act (CRIPA) authorizes the U.S. Department of Justice to investigate and take action against residential homes with abusive or neglectful conditions.
• The Older Americans Act (OAA) funds programs to protect older adults, including those in nursing homes, from abuse and to provide services that help prevent mistreatment.
• The Americans with Disabilities Act (ADA) protects residents with disabilities from discrimination in care homes and ensures that they receive the necessary accommodations and care.
• The Family and Medical Leave Act (FMLA) provides relatives with job-protected leave to care for a loved one who is experiencing abuse or neglect in a residential home.
• The Health Insurance Portability and Accountability Act (HIPAA) safeguards the privacy and confidentiality of long-term care residents’ medical information, which may be important in identifying or addressing abuse.

State Laws and Additional Protections

As your nursing home abuse lawyer will explain, state laws also provide protections for care facility occupants. These laws generally include regulations regarding staffing levels, facility licensing, and procedures for investigating mistreatment. 

State laws may offer additional protections beyond federal law, reinforcing residents’ rights and establishing penalties for violations. Sometimes, navigating state laws around abuse and neglect can be complex, so having an experienced nursing home abuse lawyer on your side is vital.

Outside of the U.S., the World Health Organization (WHO) protects against elder abuse globally. The World Health Organization’s policies advocate for the improvement of long-term care facilities and the prevention of abuse in elderly populations. While recommendations from the World Health Organization are not binding in the U.S., precedents can be helpful in bringing abuse and neglect cases to trial.

Consulting with a nursing home abuse lawyer can help you navigate different regulations and understand if you have a case.

Who Can File a Claim?

When nursing home abuse or neglect occurs, several parties may have the legal right to consult with a nursing home abuse lawyer and file a claim. 

• The resident can seek compensation if they are capable.
• Family members may act on their behalf if the resident is incapacitated or has passed away. 
• Legal guardians or court-appointed representatives can also file claims for those unable to act for themselves.

By understanding these legal options in cases of abuse or neglect, families can take action to secure justice and hold negligent facilities accountable. A knowledgeable nursing home abuse lawyer can guide families through the legal process. 

How Our Nursing Home Abuse Attorneys Can Help

At the Nursing Home Law Center, our dedicated nursing home abuse lawyers understand the complexities of abuse and neglect cases. 

With a long history of success in cases of abuse and neglect, we provide comprehensive legal services to guide you through every step of the process, from your initial free consultation to resolution.

Free Case Evaluation

We offer a free case evaluation to discuss the details of your situation and assess the viability of your nursing home abuse lawsuit. 

In this consultation, our nursing home abuse attorneys will listen to your concerns, answer any questions, and honestly assess your legal avenues. This no-obligation meeting allows you to understand the potential of your case and decide on the best course of action moving forward.

Case Investigation

A thorough investigation is crucial to building strong nursing home abuse cases. Our nursing home abuse attorneys will gather all necessary evidence, including medical records, witness statements, and facility inspection reports, to establish the facts of the case. 

Then, we work closely with experts, such as medical professionals and forensic specialists, to identify instances of abuse or neglect and determine the extent of the harm caused. 

Filing the Claim

Once the investigation is complete, our nursing home abuse attorneys will file the appropriate legal claims against the nursing facility and any other responsible parties. 

We will ensure all necessary documentation is prepared accurately and filed promptly, adhering to any relevant deadlines, so you can focus on supporting your loved one.

Settlement Negotiation

During settlement, your nursing home abuse lawyer will negotiate aggressively to secure a settlement that compensates for the abuse suffered, including coverage for medical bills, emotional distress, and other damages by staff members. 

Our nursing home abuse lawyers are skilled negotiators who understand the tactics used by insurance companies and are prepared to counter them effectively to maximize your settlement.

Trial if Needed

While many nursing home abuse cases are resolved through settlement, some may require litigation. If a fair settlement cannot be reached, our nursing home abuse attorneys are fully prepared to take your case to trial. 

With extensive courtroom experience, your nursing home abuse lawyer will present a compelling case before a judge and jury, advocating for your rights and the justice your loved one deserves.

Common Signs of Abuse or Neglect in Nursing Homes & Assisted Living Facilities 

Abuse can take many forms, and the signs may not always be immediately apparent. Being vigilant and attentive to changes in a resident’s physical, emotional, and financial well-being is essential for identifying potential abuses in a nursing home facility. 

Here are some common signs to watch for:

• Unexplained Injuries: Bruises, cuts, burns, or fractures
• Restraint Marks: Bruising on wrists or ankles
• Emotional Distress: Anxiety, depression, withdrawal
• Fear of Caregivers: Apprehension around staff
• Behavioral Changes: Mood swings, agitation, personality shifts
• Bruising Around Genitals: Unexplained injuries in sensitive areas
• Bedsores: Pressure sores from neglect
• Medication Errors: Sudden health changes from incorrect doses
• Poor Hygiene: Dirty clothing, unwashed hair, strong odor
• Malnutrition & Dehydration: Weight loss, dry skin, dehydration
• Unsafe Living Conditions: Cluttered, unsanitary rooms
• Elopement: Residents wandering off unnoticed
• Financial Exploitation: Unexplained withdrawals, missing belongings
• Unattended Medical Treatment: Delayed response to health issues
• Wrongful Death: Unexpected passing in suspicious circumstances

Loved ones must remain vigilant and contact an expert nursing home abuse lawyer if they are suspicious.

What to Do If You Suspect Abuse in a Care Facility 

If you suspect a loved one is experiencing nursing home abuse, take immediate action. 

• Call 911 if Immediate Danger Exists: If your loved one is in immediate danger or has suffered serious injuries, contact emergency services immediately. 
• Report to the Care Facility Administrator or Management: Notify the residential home administrator or management about warning signs shown by staff members. Make sure to document all communications, including dates, times, and responses.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman program advocates for the rights of nursing home residents and can investigate complaints of abuse or neglect. Filing a complaint with the Ombudsman’s office can also initiate an official investigation into the facility’s practices.
• Report to the Centers for Medicare & Medicaid Services (CMS): CMS oversees residential homes and can intervene if a facility is not complying with federal standards. File complaints directly through their Complaint Page.
• File a Complaint with the U.S. Department of Justice (DOJ): The DOJ enforces civil rights protections for residents and can investigate abuse claims. To learn more, visit their Civil Rights Division page.
• National Adult Protective Services Association (NAPSA): NAPSA is a resource for those seeking help with senior abuse, including nursing home abuse. They can connect you with your state’s Adult Protective Services (APS) agency, which investigates senior abuse complaints. Visit NAPSA’s website for more information.
• Contact a Nursing Home Abuse Lawyer: Contact an experienced nursing home abuse lawyer to discuss your concerns, your legal options, and to begin the legal process. Experienced nursing home abuse attorneys can help you understand your rights, gather evidence, and pursue a claim against the responsible parties. 

Get a free consultation with a nursing home attorney to see what laws may apply to your situation.

Damages You Can Recover Through a Nursing Home Abuse Claim

When pursuing a nursing home abuse claim, victims and their families may be entitled to recover various types of damages with the help of a nursing home abuse lawyer and their legal team. 

In nursing home abuse cases, compensation can be categorized into economic and non-economic damages:

Economic Damages

Economic damages are quantifiable financial losses incurred due to nursing home abuse and neglect as a result of mistreatment in a care facility. Your nursing home abuse lawyer will help you gather the evidence of these damages to support your case.

Examples include:

• Healthcare Expenses: Costs related to medical expenses resulting from nursing home abuse and neglect, such as hospital bills, medication, rehabilitation, and ongoing medical care.
• Relocation Costs: Expenses incurred when moving a resident to a safer facility or living arrangement.
• Therapy and Counseling: Costs associated with psychological treatment and counseling for psychological distress experienced by the victim.
• Lost Wages: Compensation for lost income if the victim or their relatives had to take time off work to address the abuse or neglect and to care for the victim.
• Legal Fees: Expenses related to the legal process, including your nursing home abuse lawyer’s fees (which are recovered from the other side so you don’t pay out of pocket) and court costs.

Non-Economic Damages

Non-economic damages are subjective and compensate for the intangible effects of nursing home abuse and neglect. An experienced nursing home abuse lawyer will help argue your case for these kinds of damages.

Examples include:

• Pain and Suffering: Compensation for physical pain and discomfort of nursing home neglect.
• Emotional Distress: Damages for the psychological impact of the abuse, such as anxiety, depression, and loss of enjoyment of life.
• Loss of Dignity and Independence: Compensation for the humiliation and loss of autonomy experienced by the victim.
• Loss of Companionship: Damages awarded to next of kin for the loss of companionship if the abuse led to the victim’s wrongful death or severe injury.

In some cases, punitive damages may also be awarded. These are intended to punish the wrongdoers and deter similar behavior in the future, particularly when the abuse was egregious or intentional. In these heinous cases, an experienced nursing home abuse lawyer will fight for punitive damages.

At the Nursing Home Law Center, our elder abuse attorneys are committed to fighting for the rights of nursing home residents. Our nursing home attorneys will secure the compensation your loved one deserves for their suffering as a result of residential home abuse and neglect.

The Cost of Hiring a Nursing Home Abuse Lawyer

Our nursing home abuse attorneys understand the financial burden of legal fees can be a concern. To ensure victims of nursing home abuse have access to experienced legal representation, your experienced nursing home abuse lawyer will offer a free consultation and our services on a contingency fee basis.

Under a contingency fee arrangement, clients do not pay any upfront fees or out-of-pocket expenses. Instead, our fees are contingent upon successfully recovering compensation through a settlement or verdict. This means you only pay if we win your case. 

You Have Limited Time to Take Legal Action

When pursuing a nursing home abuse claim, your nursing home abuse lawyer will make you aware of the statute of limitations, which is the legal deadline for filing a lawsuit. Failing to file within this timeframe can result in losing your right to seek compensation and hold the responsible parties accountable.

The statute of limitations varies by state and the specific circumstances of each case. Typically, these time limits range from one to several years from the date the abuse occurred or was discovered. 

Contacting an experienced nursing home abuse lawyer promptly is essential to ensure your claim is filed within the statute of limitations. Delaying action can result in losing crucial evidence, diminished witness recollections, and, ultimately, the forfeiture of your legal rights.

Speak With a Nursing Home Abuse Lawyer Near You Today! 

If you suspect your loved one has suffered from nursing home abuse, take immediate action now to protect their rights and ensure their safety. 

Our team of nursing home abuse attorneys is dedicated to securing justice and compensation for those who have suffered due to the negligence or misconduct of nursing facilities. With a proven track record of achieving significant settlements and verdicts, every one of our nursing home abuse lawyers is committed to holding responsible parties accountable and ensuring your loved one receives the care and respect they deserve.

Don’t wait to take action. Contact the Nursing Home Law Center today to speak with an experienced nursing home abuse attorney. Call us now at (800) 926-7565 or use our contact form to schedule your free case evaluation and take the first step toward holding negligent parties accountable.

Common Nursing Home Injuries

• Assisted Living
• Choking
• Wrongful Death