Note: Jane’s story is a fictional scenario presented to help illustrate how personal injury attorneys can step in when nursing home abuse occurs.
Introduction
The short answer is yes. Personal injury attorneys handle nursing home abuse cases. Here at The Law Offices of Craig L. Cook, nursing home abuse cases are one of our specialty areas.
In this article, we will outline what nursing home abuse is and what can be done about it if you or a loved one has been a victim of such abuse. It is the injured party’s legal right to seek compensation for any injuries incurred while under the “care” of a nursing home.
This article focuses on civil law rather than criminal law. If you or a loved one would like to take civil action, keep reading!
What is nursing home abuse?
Nursing home abuse refers to any harm a nursing home resident experiences due to the actions or inactions of staff or management. It includes neglect, and the harm can be intentional or unintentional. The injuries to the resident can be physical, sexual, mental, emotional, verbal, or financial.
Signs of abuse or neglect include:
- Bed sores
- Sepsis
- Unclean conditions (urine, feces, etc.)
- Weight loss
- Fearful behavior
- Unexplained injuries (skin tears, black eyes, falls)
- Self-reported mistreatment
- Dehydration and malnutrition
- Checks written to staff members
- The facility restricting one-on-one visits with loved ones
What can you do about it?
If the situation is a medical emergency, call 911. Remove your loved one from the nursing home where there has been abuse or neglect.
Once the resident is safe, be sure to get a lawyer to build a case. This will include documenting any signs of abuse or neglect, speaking with other residents about what is happening if it is safe to do so, and getting copies of the person’s medical records if you are authorized to receive such.
In addition to getting an attorney, you can report the incident to either of the following numbers:
- In Arkansas, there is an elder abuse hotline that you can reach by calling 1-800-332-4443.
- In Oklahoma, call 1-800-522-3511 to report.
With nursing home abuse cases, the statute of limitations (aka time limit) in Arkansas for filing a lawsuit is 3 years from the date of abuse. In Oklahoma, you only have two years. This is why time is of the essence!
Types of civil lawsuits
Nursing home abuse could fall under any of the following types of violations:
- Tort
- Wrongful death
- Breach of contract
A tort is a civil wrong that could include negligence, medical malpractice, or malicious/intentional abuse.
Wrongful death is applicable if the abuse or neglect was a direct cause of the person’s death or the victim would have otherwise survived. One example would be bedsores/pressure sores that become fatal.
A resident’s loved one could sue for wrongful death if the people in charge of preventing such injuries failed to fulfill their duties, and the patient died as a result.
A breach of contract is when a provider does not provide the services agreed to in the contract, they failed to meet the standards of care outlined in the contract. This could include standards such as cleanliness or safety.
A personal injury attorney at The Law Offices Of Craig L. Cook can help you determine what type of lawsuit to pursue.
What is the purpose of a civil lawsuit?
People often sue responsible parties for the following reasons:
- The abuser may be held accountable for their actions.
- You send a message that the abuse will not be tolerated.
- You would like to seek financial compensation for your injuries.
- The facility may change its policies and procedures to prevent future abuse.
What Personal Injury Attorneys Handle
Personal injury attorneys handle the investigation process, which may include interviewing people who can attest to the abuse, reviewing healthcare documentation, and following up on facility reports.
They provide legal advice to the abused person and the person’s trusted caregivers. This includes explaining their rights, their options, and the legal process. Attorneys can also file lawsuits on the behalf of the injured person if there is, in fact, abuse or neglect happening that caused the injuries.
Personal injury lawyers also negotiate settlements for their clients based on what is fair and attainable. If the case goes to trial, attorneys represent their clients in court. This includes presenting evidence, questioning witnesses, and arguing the case before a judge and jury.
Lawyers may also advocate for policy changes and reforms to improve conditions in nursing homes and enhance protections for elderly residents.
Jane’s story
Jane is an 80-year-old woman with mild dementia who lives in an assisted living facility. One of the caregivers at her facility is a 20-year-old male named Tony. He often loses his temper when she refuses to take her medication.
The neighbor reported hearing shouting every day around lunchtime, which is when Jane takes her medication. The neighbor also noticed bruising around Jane’s forearms and a change in Jane’s behavior when she was asked about Tony.
When the family visited, Jane’s neighbor mentioned the signs of abuse. Because Jane has dementia, her self-reports to management were ignored and written off as her “talking nonsense.”
Jane’s son got a lawyer to investigate the situation, establish proof that there was abuse going on, and seek compensation for Jane’s troubles.
Conclusion
Everyone deserves skilled and respectful care. When staff members of a facility owe a duty of care to their clients, and that contract is breached, it is within the victim’s legal right to seek compensation for any injuries caused by the nursing home’s abuse or neglect.
Everyone also deserves to feel safe in their homes. If that safety is compromised, you deserve compensation.
Here at The Law Offices Of Craig L. Cook, we have over 40 years of combined experience serving residents in Arkansas and Oklahoma who need help with their case. Contact us for free today if you or a loved one has been affected by nursing home abuse.
