legal resources necessary to hold negligent facilities accountable.
Westwood, MI Nursing Home Abuse Lawyer
Nursing home abuse is a serious problem in the United States. It is estimated that 1 out of every five nursing home residents has been abused or neglected while in assisted living facilities.
The sad truth is that nursing homes are not always safe places for those who live there. Sometimes, nurses and other employees get frustrated with nursing home patients or don't properly handle them, leading to nursing home neglect, abuse, or even wrongful death in some cases.
Do you suspect your loved one is suffering from any type of nursing home abuse?
Contact our personal injury attorneys at Nursing Home Law Center via (800) 926-7565 as soon as possible to investigate your case and determine if legal action against the facility or staff members, or other patients involved may be warranted.
Our Michigan nursing abuse law firm offers a free consultation with our experienced attorneys, who will listen carefully to your concerns. We will not share any information that you provide through an attorney-client relationship.
We promise to defend your claim against a Michigan nursing home under our no-fee promise agreement. It means you will not be charged any legal fees unless we recover money damages for you.The Benefits a Nursing Home Provides
A nursing facility provides round-the-clock medical care to elderly or disabled people unable to live independently. Statistics on nursing homes indicate that the average stay for residents is about three years. Nursing homes can be privately run or state-regulated.
The U.S. Department of Health and Human Services (HHS) regulates all nursing facilities with rules for staffing issues, safety, and quality of care. According to the federal agency, the average age of a nursing home resident is between 82 and 87 years old.
Nursing facility complications are often brought on by residents who do not adhere to the rigorous health and safety guidelines that are in place.
Inappropriate toileting, wandering off-premises, and a lack of supervision can lead to serious injury or death. Falls are also a major concern, as they can cause serious injuries, such as fractures and head injuries.Routine Health Inspections
The Centers for Medicare and Medicaid Services (CMS) generally conducts health inspections of nursing facilities today under the state's Department of Health. These inspections are typically done every fifteen months to two years, depending on the facility.
Nursing home residents are also prone to contracting infections, such as pneumonia and urinary tract infections. Respiratory illnesses tend to spread quickly among those who live in close quarters and share common areas, such as dining rooms and living rooms.
When deciding to place a loved one in a nursing home, it is important to do your research and find a facility that provides adequate care and is clean and well-maintained.Residents of a Nursing Home
Many nursing home residents reside in assisted living facilities where they are helped with their personal needs. The nursing home residents' needs tend to increase around seven days after they arrive.
Nursing homes provide various services to their residents, which can include:
- Medical care
- Social activities
Many nursing home residents are elderly and may have health conditions that require specific care. Some common health conditions seen in nursing home patients include:
- Heart disease
Unfortunately, nursing home abuse is a common problem. It is estimated that one in ten residents of nursing homes will experience some form of elder abuse.
- Older adults are not always safe in nursing homes, where they may be neglected or mistreated. As a result, they can suffer physical, emotional, or financial abuse.
- Bodily abuse includes hitting, slapping, pushing, or pulling on an older person by a staff member resulting in broken bones, bruising, and lacerations. It can also include medication errors or denying an older person necessary medical care or food.
- Emotional abuse includes verbal assaults, threats, humiliation, or isolation.
- Financial abuse includes stealing an older person's money, property, prescriptions, credit cards, or food stamps by a staff member.
- Medication errors are one of the most common types of medical errors. For example, in a recent study, 30% of nurses observed errors with medication administration.
In some cases, nursing home staff members and other patients may be responsible for the resident abuse. However, the abuser is a relative or caregiver of the older person more often than not.
Cases involving misconduct by nursing home staff members can be difficult to prosecute. The challenge to hold the abuser accountable is partly because most nursing homes are privately owned and operated, so they are not subject to the same level of government oversight as publicly owned institutions.
Staff members' training and mindset might not always protect nursing home residents from exposure to abuse.
Most Westwood nursing center registered nurses work hard to ensure that their patients remain as healthy as possible. However, these nurses are often overworked and responsible for too many patients to protect them from every source of abuse.
Substandard care in nursing home facilities is a continuing problem in the United States. In 59% of cases, victims are older women. To prevent substandard care, a resident’s family members and friends should ask questions about the nursing home, staff, and care levels.
The National Institute on Aging, an agency of the U.S. Department of Health and Human Services, has a toll-free number for consumers to call for answers on nursing violations and citations.A Nursing Home Patient’s Rights
An injured resident in a nursing home has a legal right to sue the nursing home in tort for damages. The resident must prove that they suffered serious harm due to negligent acts committed.
In addition, an injured resident can sue under contract law. This type of claim is easier to prove than the medical malpractice case, but it is harder to win damages at times.
Residents may have been neglected, abused, or mistreated whenever the facility failed to provide the necessary care.
When an older person is abused and dies, the victim's family may file a wrongful death lawsuit. A successful wrongful death lawsuit requires proving that the nursing home was responsible for the victim's death, either directly or indirectly.Nursing Home Neglect
Nursing home neglect is unfortunate for many elderly individuals living under someone else’s care. As a result, many states have instituted mandatory reporting programs to contain nursing home neglect.
The elderly are often targeted by nursing home neglect, as they are likely seen as vulnerable. A nursing home resident who has suffered injuries due to neglect or mistreatment may be eligible for compensation.
Receiving financial compensation for nursing home neglect can help victims, and their families receive the resources to move on from the incident. Injuries caused by nursing home neglect can be devastating.Reported Abuse
A National Center on Elder Abuse (NCEA) study found that almost 60 percent of nursing home residents reported being abused or mistreated.
Nursing home neglect can be unintentional and the result of a lack of understanding.
Michigan nursing home lawyers believe that nursing home neglect is not always apparent but could include:
- Malnutrition or dehydration
Did a close relative suffer nursing home neglect in a Michigan nursing home? If so, seek our office address for legal assistance.
We do not ask for upfront legal fees. Our law firm serves all Michigan residents, including Wayne County, Macomb County, Kalamazoo County, Grand Rapids, Ann Arbor, and Battle Creek.
We guarantee to defend your claim against a Michigan nursing home under our no-fee promise agreement. This agreement ensures you will not be charged any legal fees unless we recover money for you.Abuse and Neglect Prevention in Nursing Homes
Abuse and Neglect can be prevented by following some simple steps:
- Familiarize yourself with the signs and symptoms of abuse and neglect.
- Report any concerns.
- Empower family members to detect and stop abuse and neglect.
Did your close family member suffer abuse and neglect in a nursing home in Ann Arbor and Battle Creek? If so, our law firm is ready to offer legal representation.Quality Measures in Michigan Nursing Homes
Quality measures in a Michigan nursing home are important, as they can help protect your loved ones from abuse and neglect. The Michigan Department of Licensing and Regulatory Affairs (LARA) monitors quality measures in nursing homes.
LARA released its list of quality measures for the first time in 2012, and it has been updated multiple times since. The most recent set of measurements was released in July 2020.
There are three categories of standard measures:
- Structural: This category includes nursing staff, nurse-to-patient ratios, and percentage of certified nurse aides.
- Process: This category includes measures such as the percentage of residents who receive preventive services, screenings, and tests.
- Outcome: This category includes measures such as the percentage of rehospitalized residents who experience pressure ulcers or are admitted to the emergency room.
In February 2018, regulators issued a $1.2 million fine against Westwood Nursing Center for abusing and neglecting patients. Unfortunately, this is not the first time Westwood has been in the news.
A month earlier, a family member took video footage of the Westwood Nursing Center staff members roughly handling their mother. This video quickly went viral and sparked outrage throughout the community.
The neglect and abuse occurring at Westwood Nursing Center are unacceptable. Patients are not being treated with the respect and dignity they deserve, which needs to change.
Contacting a law firm in your locality can be helpful if your family member has suffered from fall injuries due to abuse and neglect.Michigan Nursing Home Abuse
Putting an elderly family member in a Michigan nursing home can be challenging. You are faced with the responsibility of taking care of their every need while in your home and balancing work and other family obligations.
Nursing homes offer a full-time staff to care for your elderly loved one, ensuring they receive the best possible care.
Unfortunately, nursing home mistreatment often goes unreported, as the victims are often frail and elderly and may be afraid to speak up. However, you should be aware of the signs of nursing home mistreatment, such as pressure sores and bedsores, as they can occur in any facility.
There are several types of nursing home abuse, including physical abuse, sexual abuse, emotional abuse, medication errors, and financial exploitation.
- Physical abuse can include slapping, punching, or shoving the victim leading to broken bones
- Sexual abuse can involve unwanted touching or sexual assault
- Emotional abuse can involve verbal insults, threats, or humiliation
- Financial exploitation can include stealing money or possessions from the victim
According to statistics in Michigan, nursing home abuse has been rising in recent years. In 2019, the NCEA received more than 2,500 reports of nursing home abuse in Michigan alone.
The federal government in Michigan has set up resources to help Michigan family members catch any abuse in nursing homes. Services are offered free of charge to those who suspect their loved ones are being abused in nursing homes.
You must recognize the signs of abuse so officials can take appropriate action to stop it.
Nursing home abuse lawyers believe that Michigan nursing home abuse directly results from the nursing home industry's for-profit motive. Nursing homes are businesses, and their primary concern is generating profits.
Nursing home negligence affects many people each year. Nursing home negligence occurs when a nursing home, assisted living facility, or hospital fails to provide adequate medical care for patients.
Cases involving death in nursing homes are often preventable.The Negative Effects of Overworked Staff
According to the National Citizens' Coalition for Nursing Home Reform study, overworking staff members can lead to nursing home neglect. Motivating staff members in Michigan nursing home facilities to identify and report incidents of nursing home neglect can be challenging but rewarding.
The U.S. Centers for Medicare and Medicaid Services (CMS) issued a report ranking nursing homes throughout the United States. The CMS is a federal agency within the United States Department of Health and Human Services that oversees Medicare and Medicaid.
A concerted effort can ensure that Michigan nursing home abuse is reported and stopped. First and foremost, loved ones and friends of elderly residents in nursing homes should look for any signs of abuse and notify officials immediately.
Nursing facility mistreatment and neglect can have a devastating impact on its victims, families, and the entire community. Therefore, our personal injury lawyers take our responsibility to our clients very seriously, and we are committed to fighting for the best possible outcome in every nursing home lawsuit.Life-Altering Outcomes
Injuries suffered in a nursing home, such as fall injuries, can be life-altering. When Michigan nursing home negligence is suspected or proven, victims may want to seek compensation by filing a personal injury lawsuit.
Injuries suffered in a nursing home, such as fall injuries, are best handled by a professional. Minor cuts and bruises can be treated with over-the-counter medications, but more serious harm may require medical attention.
In addition, should a patient die in a Michigan nursing home, the surviving family members are often left to make funeral arrangements and cope with their loss.
If you suspect that someone you love is being abused in a Westwood nursing center, it is important to speak up. You can contact the Michigan Department of Licensing and Regulatory Affairs for more information about your legal right.
Resident abuse can occur in any nursing home, so it is important to be aware of the signs such as bed sores and pressure sores. If you suspect abuse, it is important to speak up and seek legal advice.Michigan's Lowest-Rated Nursing Homes - MI Nursing Home Neglect Lawyers
Nursing homes in Michigan are ranked according to their performance on standard measures. The rankings are based on data from the first quarter of 2018. The rankings are updated quarterly, and the most recent rankings were released in July 2018.
The lowest-ranked nursing homes in Michigan are:
- Autumnwood of Howell
- Heartland Health Care Center-Howell
- Woodlands of Brighton
- Heartland of Howell
- Oakwood Health Campus-Lakeview
- Life Care Center of Shelby Township
- Heritage Manor West
- Seven Gables-Seven Coves
- Life Care Center of Waterford (F)
- Pine Rest Christian Mental Health
Statistics in Michigan show that there were 1,023 reported injuries in 2016. That number is down from the 1,072 injuries reported in 2015. The most common injuries reported were falls (336), followed by trips and slips (189).
While the number of nursing facilities injuries has decreased in recent years, it is still important for families to be aware of the potential risks and take steps to protect their loved ones.
In addition, families can work with their loved ones' healthcare providers to create a plan of care that helps minimize the risk of injury.Examples of Nursing Home Lawsuits
Nursing facility lawsuits citing wrongful death or negligence can result from many problems, including facility-acquired infections, falls and accidents, medication errors, abuse, neglect, and facility-acquired bed sores.
Some of the most common allegations in nursing facility abuse lawsuits include:
- Bodily abuse, including assault, battery, and sexual assault
- Emotional abuse, including verbal threats, intimidation, and harassment
- Theft, including the unlawful or unnecessary removal of money, property, or financial instruments
- Patient abandonment
- Wrongful death
Do you believe that your loved one has been the victim of nursing home mistreatment or neglect? If so, seek legal assistance right away.
Nursing facility mistreatment can take many forms, from bodily abuse and neglect to emotional abuse and financial exploitation. No matter what type of abuse your loved one has suffered, a Westwood MI nursing home abuse attorney can help you hold the responsible party accountable.
At Nursing Home Law Center, our Michigan nursing home lawyers have been offering legal advice to families in Westwood and throughout the state of Michigan to fight for justice against the negligent parties responsible for their loved ones' suffering for years.
All confidential or sensitive information you share with our law firm remains private through an attorney-client relationship. Contact our law firm for a free consultation.
We will review your case and let you know how we can help. In neglect cases involving the death of residents, we file a wrongful death lawsuit on behalf of the surviving family members.
Fill in a contact form if you have an abuse and neglect issue and need our office address.Westwood MI Nursing Home Abuse FAQs
The personal injury attorneys at Nursing Home Law Center understand that many families have unanswered questions concerning dealing directly with an insurance company for compensation. A nursing home abuse attorney has answered some of those questions below.
Contact us today at (800) 926-7565 to schedule a free consultation to discuss your case's value.
A Michigan nursing facility neglect case must be filed within two years of the date you suffered an injury caused by wrongful conduct. It is best to consult with an experienced Michigan nursing facility abuse lawyer to discuss your case's specifics and understand your legal rights.
Neglect of a nursing facility resident can take many different forms, including but not limited to the following:
- Failing to provide basic needs such as food, water, clothing, shelter, or medical care
- Failing to provide a safe and clean living environment
- Allowing residents to suffer from bed sores or other medical conditions caused by neglect
- Failing to provide necessary mental or physical stimulation.
Michigan has a limited time frame to file a lawsuit against a nursing home, as defined by the statute of limitations.
Although there are some exceptions, the statute of limitations, in general, is typically two years from the date of injury or death of a loved one. This restriction means that you must file your lawsuit within two years of the date of injury or death.
There are many different types of compensation you can claim, including medical expenses, physical pain, and mental anguish resulting from the injuries inflicted by the nursing facility.
In addition, you may be able to claim punitive damages. Punitive damages are meant to punish the defendant for their actions.
An attorney can help you decide if you have evidence to support filing for punitive damages.
Michigan nursing facility lawsuit settlements vary in amount, depending on the severity of the allegations and the damages incurred. Generally, however, nursing facility lawsuit settlements are significant, with the average being around $1 million.
It is important to work with an experienced Michigan nursing facility lawyer To ensure that you receive a fair settlement. The personal injury attorneys at Nursing Home Law Center have successfully represented many nursing facility residents in settlements and verdicts.
Do you suspect that your loved nursing home patient has been the victim of Michigan nursing home abuse?
If so, take action as soon as possible to ensure your loved one's health and well-being. When you or a loved one has been injured due to nursing home abuse, it is important to seek legal help.
The nursing home abuse attorneys at Nursing Home Law Center can ensure you receive maximum compensation. In addition, we are frequently contacted by worried family members of residents who have suffered serious physical harm such as fall injuries, sexual abuse, emotional abuse, and nursing home neglect.
The lawyers at our law firm have the practical experience and legal resources necessary to take on the nation’s largest nursing homes and assisted living facilities. For a free consultation with one of our Westwood MI nursing home abuse attorneys, please call (800) 926-7565.
Through an attorney-client relationship, your confidential or sensitive information will remain private, and we will not share any information that could reveal your identity.
We bill legal fees on a contingency no-fee basis; we only get paid when we win!Resources: