If you have a loved one in a nursing home, you should take steps to ensure their safety. After that, you may want to consider a lawsuit if they have been the victim of abuse or neglect.
The goal of home abuse lawsuit is to recover compensation for the damages you are owed. These damages can include medical bills and, in some cases, punitive damages. Visit https://chicagoelderabuselaw.com/ for more information.
Who Can File a Nursing Home Abuse Lawsuit?
With Americans living longer than ever before, many of us will need to rely on nursing homes for our loved ones’ care in later life. But if your family member was mistreated while living in a nursing home, you can take legal action against the responsible parties to obtain compensation. These lawsuits typically fall under the category of personal injury claims, which require plaintiffs to prove that a defendant acted carelessly and their actions led to injuries or other consequences.
Robust laws that protect the rights of nursing home residents, and violations of these laws can serve as the basis for a lawsuit. Additionally, the state Department of Health will investigate any complaints that families or patients file as long as they involve a nursing home or ICF/IID facility.
Injuries in nursing homes are often preventable, and they can be the result of understaffing. Not having enough CNAs, LPNs and RNs on the floor can lead to bedsores, broken bones, falls, medication errors and even death. By taking legal action against the nursing home, you can help put a stop to these types of harmful behaviors and prevent future injuries from occurring. At Leitner Varughese Warywoda LLP, we represent families throughout nursing home abuse cases. Contact us today to get started on your case.
Nursing Home Residents
Depending on state law, nursing home residents may have a private cause of action for negligence and abuse. This type of lawsuit can lead to compensation for a victim’s economic and non-economic damages. Non-economic damages include pain and suffering, emotional distress, disfigurement, loss of enjoyment of life and more. Punitive damages may also be available for cases involving intentional and reckless behavior. A skilled nursing home attorney can help determine what types of damages a client may qualify to receive.
A nursing home is a facility that provides 24-hour care to people who cannot safely live in the community. They usually provide extensive medical and nursing services, along with rehabilitative therapies, such as physical, speech and occupational therapy. Nursing homes are generally set up like hospitals, with a central nursing station that oversees nurses, aides and other staff members. Some offer specialized services for people with conditions like dementia, Alzheimer’s disease and more.
Many people who go to a nursing home are transitioning from a hospital, where they were treated for an illness, injury or surgery. These patients often require continued medical care to heal, but are not able to live independently in their home. They qualify for a nursing home or facility level of care (NFLOC) based on criteria set by their state.
Most states have laws that prohibit nursing homes from cutting costs in ways that endanger the safety and well-being of their residents. Unfortunately, this is all too common. Facility owners try to cut costs by reducing the number of staffers they hire, which can result in neglect and abuse. The bottom line for most NYC nursing home owners is profit, not the welfare of their residents.
A nursing home resident who has suffered abuse can file a complaint with the Department of Health, Division of Nursing Home and ICF/IID Surveillance. This agency is responsible for investigating complaints of abuse, neglect and mistreatment in nursing homes within the state as long as the complaint is related to a violation of State or Federal regulations.
Family Members
In some cases, nursing home abuse and neglect affects multiple family members. This is why it’s important for people to understand the rights of a victim and their loved ones. If you suspect that a family member has been mistreated, it’s important to report the issue as soon as possible. The longer the nursing home is able to avoid a claim, the harder it will be for them to admit liability later on. At Leitner Varughese Warywoda LLP, we have helped many families and Long Island with their claims against negligent nursing homes.
Depending on the situation, you may be able to file a personal injury or wrongful death lawsuit against the responsible parties. This includes the nursing home, doctors, nurses, care attendants, and any other individuals or entities who contributed to your family member’s harm. Nursing home negligence and abuse often occur due to understaffing, which means that facilities may have a limited number of personnel to provide basic care for their residents.
Neglect can lead to serious injuries, including fractures, bed sores, infections, malnutrition, and even death. This type of abuse is often difficult to detect because patients are not able to communicate their needs. People who are suffering from dementia may not be able to speak for themselves, which is why it’s especially important for family members and friends to be vigilant about their loved one’s well-being and to keep in regular contact with the home to ensure they are receiving proper care.
The best way to hold a nursing home accountable for their actions is to sue them. By winning a large cash settlement or verdict, the facility is more likely to implement change and prevent future incidents. This is why it’s crucial for victims and their loved ones to have a personal injury lawyer by their side who can help them get the compensation they deserve.
When calculating damages, the court considers both the severity of the neglect and its impact on the resident. Damages may include medical bills, pain and suffering, emotional distress, and punitive damages in wrongful death cases.
Attorneys
Americans are living longer than ever before, which often means aging relatives require the care of nursing homes to help them with daily tasks. Unfortunately, understaffing and a lack of training make it easy for nursing home staff to abuse or neglect residents.
If you suspect your elderly loved one is a victim of nursing home abuse, you should contact an experienced attorney immediately to learn about your legal options. Depending on the situation, you may file either a civil or criminal lawsuit. Civil claims allow you to receive financial compensation for your family member’s injuries. A successful lawsuit can also help deter the nursing home from abusing other residents.
The most common type of nursing home abuse involves a resident being injured due to neglect or improper care. This could include physical, emotional, or sexual harm. In severe cases, a resident may suffer from severe medical consequences or even death. If your loved one dies as a result of abuse or neglect, you can file a wrongful death lawsuit. Wrongful death cases are typically more complex and result in higher settlements or verdicts.
During the discovery phase of your case, your lawyer will ask your nursing home’s staff and other relevant individuals questions under oath. These are called interrogatories, and they play a key role in building your case’s strength. In addition, your lawyer will review any documentation that proves your family’s damages.
Once your lawyer has gathered all of this evidence, they will use it to negotiate with the nursing home’s insurance company. If a fair settlement cannot be reached, your lawyer will prepare for trial. In a trial, a jury will decide whether the nursing home was negligent or abused your loved one.