Do personal injury attorneys handle nursing home abuse cases?

Note: Jane’s story is a fictional scenario presented to help illustrate how personal injury attorneys can step in when nursing home abuse occurs. 

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The short answer is yes. Personal injury attorneys handle nursing home abuse cases. At The Law Offices of Craig L. Cook, nursing home abuse cases are one of our key specialty areas, and we are dedicated to helping victims and their families seek justice.

In this article, we will outline what nursing home abuse entails and explain the steps you can take if you or a loved one has been a victim.

It is the injured party’s legal right to seek financial compensation for any injuries, harm, or suffering caused while under the care of a nursing home. Personal injury attorneys can be vital in pursuing justice and ensuring accountability for nursing home abuse.

This article focuses specifically on civil law, not criminal law. If you or your loved one wishes to pursue civil action, keep reading to learn more!

What is Nursing Home Abuse?

Nursing home abuse refers to any harm or mistreatment a resident suffers due to the actions or inactions of the staff or management at a nursing home.

This harm can occur intentionally or unintentionally and includes neglect. Victims of nursing home abuse may endure physical, emotional, mental, verbal, sexual, or financial harm.

Common signs of nursing home abuse or neglect include:

• Bed sores or pressure sores
• Sepsis
• Poor hygiene or unclean conditions (urine, feces, etc.)
• Unexplained weight loss
• Fearful or withdrawn behavior
• Unexplained injuries (e.g., skin tears, black eyes, fractures from falls)
• Reports of mistreatment from the resident
• Dehydration or malnutrition
• Suspicious financial activity, such as checks written to staff members
• Restrictions on private visits with loved ones

If you notice any of these warning signs, it’s critical to take action immediately.

What Can You Do About Nursing Home Abuse?

If you suspect nursing home abuse, follow these steps:

1. Prioritize Immediate Safety:
2. If there’s a medical emergency, call 911. Remove your loved one from the facility as soon as possible if it is unsafe for them to stay.
3. Document Evidence:
4. Take photographs of injuries, living conditions, and any other signs of neglect or abuse. Gather witness statements from other residents or staff members if it is safe to do so. Obtain medical records, if authorized, to document the impact of the abuse.
5. Consult a Personal Injury Attorney:
6. A personal injury attorney experienced in nursing home abuse cases can help you build a case by investigating, collecting evidence, and filing a lawsuit on behalf of the victim.
7. Report the Abuse:
8. In Arkansas, report suspected abuse by calling the elder abuse hotline at 1-800-332-4443.
9. In Oklahoma, report it by calling 1-800-522-3511.

Acting quickly is essential, as nursing home abuse cases are subject to a statute of limitations. In Arkansas, you have three years to file a lawsuit, while in Oklahoma, you only have two years from the date of the abuse.

Types of Civil Lawsuits in Nursing Home Abuse Cases

Nursing home abuse lawsuits typically fall into one or more of the following categories:

• Torts: Civil wrongs, including negligence, medical malpractice, or intentional harm caused by nursing home staff.
• Wrongful Death: If abuse or neglect leads to the death of a resident, the victim’s family may file a wrongful death lawsuit. For example, untreated bedsores that result in fatal complications.
• Breach of Contract: If the facility fails to provide the level of care promised in the agreement, such as maintaining safety or cleanliness standards, this constitutes a breach of contract.

A personal injury attorney can assess your case and determine which type of lawsuit best applies to your situation.

Why File a Civil Lawsuit for Nursing Home Abuse?

Filing a lawsuit can achieve several critical outcomes:

• Holding Abusers Accountable: Ensuring those responsible face consequences for their actions.
• Raising Awareness: Sending a message that nursing home abuse will not be tolerated.
• Securing Financial Compensation: Covering medical expenses, pain and suffering, and other damages.
• Preventing Future Abuse: Pressuring nursing homes to reform their policies and practices to protect residents.

How Personal Injury Attorneys Help With Nursing Home Abuse Cases

Personal injury attorneys play a vital role in handling nursing home abuse cases by providing legal expertise, support, and advocacy. Here’s how they help:

Beyond individual cases, personal injury lawyers may push for systemic reforms to improve nursing home conditions and protect vulnerable residents from future harm.

Investigating the Case:

Attorneys gather evidence, such as healthcare records, facility reports, and witness statements, to build a compelling case.

Providing Legal Advice:

They explain your rights, your options, and the potential outcomes of pursuing legal action.

Filing Lawsuits and Negotiating Settlements:

Attorneys can file a lawsuit on behalf of the victim and negotiate fair settlements to cover damages. If a case goes to trial, they represent clients in court, presenting evidence, questioning witnesses, and advocating for justice.

Advocating for Change:

Beyond individual cases, personal injury lawyers may push for systemic reforms to improve nursing home conditions and protect vulnerable residents from future harm.

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. 

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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.