Nursing home abuse is a serious issue that needs to be addressed often. Your senior loved one may be in a facility where it could be happening. Even worse, they might be in the crosshairs of abusive staffers and management may turn a blind eye.
It’s an issue that can affect a senior resident physically and mentally. If you have confirmed that your senior loved one is a victim of nursing home abuse, you’ll want to consider consulting with a lawyer. What can they do to help you put together a solid case? Let’s answer this question and more right now.
Types and Signs of Nursing Home Abuse
Before we discuss when you should consult a nursing home abuse lawyer, it’s important to understand the type of abuse that affects your senior loved one. This should also include the corresponding signs that go along with it. It is important to know what type of abuse may be prevalent in your senior loved one so you can confirm and document it whenever necessary.
It may take repeated incidents before confirmation is ever done. Let’s take a look at the following types of abuse and the signs that are associated with it:
Physical abuse
The most prominent features of physical abuse include bruises, cuts, and abrasions. Fractures can also be a sign of this as well. If your senior loved one has experienced injuries that are unexplained, this can raise concerns such as possible abuse.
Your senior loved one should be examined for any injuries that may occur. Be sure to ask them questions if you notice any possible signs of physical abuse. This can include questions such as “what happened” or “did you see a doctor about this”.
If there was no medical examination, it may be a red flag. This may also constitute medical neglect. As such, letting a nursing home abuse lawyer will help strengthen your case.
Emotional/psychological abuse
Emotional and psychological abuse carries a lot of pain in the mental sense. Signs include but are not limited to uncharacteristic behaviors displayed by your senior loved one. For example, if they are normally social and comfortable around people, they may be withdrawn from socializing with others.
They may be actively avoiding staff members altogether (or specific people). If you notice this during a visit with your senior loved one, this is a cause for concern. At the same time, you may want to consult with a nursing home abuse attorney that will help you navigate through the obstacles and channels that may pertain to possibly filing a lawsuit.
Neglect
Nursing home neglect can be in the form of physical, emotional, and medical neglect. If your senior loved one appears malnourished and dehydrated, these are telltale signs of physical neglect. The same applies if your senior loved one appears unkempt, poorly groomed, or looking dirty.
Emotional neglect can be due to isolation against their will. They may also be cut off from any kind of social interaction in an effort for an abuser to inflict emotional pain on their victims. Lastly, medical neglect will constitute medication not being administered or injuries going unexamined by a medical professional.
Neglect is just as bad as nursing home abuse. It can still be grounds for a lawsuit. Your nursing home abuse lawyer will go to bat for you in cases like this – especially in a civil suit.
Sexual abuse
This type of abuse is serious no matter who the victim is. Your senior loved one may be victims of this if they have been forced to engage in sexual activity against their own consent. As such, this can lead to possible physical signs and symptoms.
A staffer may even show sexually explicit materials against the will of the senior resident. This may also be considered sexual abuse. Regardless, it should be addressed based on the severity of the activity.
While presenting sexually explicit material may not be as severe, physical sexual abuse is.
What does a nursing home abuse lawyer do?
A nursing home abuse lawyer understands the obstacles and complexities that exist. Especially when it comes to the laws that pertain to nursing home abuse. They are qualified to practice law in their respective jurisdictions.
However, they have a specialty in practicing elder abuse law and related disciplines. Senior citizens are one of the most vulnerable groups of our population. When they are victims of abuse or neglect, their loved ones want answers.
It must also be addressed in the best way possible. Senior residents of a nursing home deserve justice against their abusers. Once again, this may pertain to the factors of the case such as the evidence documented and gathered.
They will be able to assist you at every stage of the legal process. This will include putting together evidence of a possible lawsuit. If a settlement is being considered, they may negotiate on yours and your senior loved one’s behalf to ensure that they receive the compensation for damages.
What does the lawsuit process entail?
A nursing home abuse lawsuit may take different stages. It is important to know what steps you need to take throughout the process. Let’s take a look at a step-by-step guide on what you need to do:
Visit a nursing home abuse lawyer
One of your first steps is to visit a nursing home abuse lawyer. One of the best times is when you spot signs of possible abuse. This can also give you someone to talk to and help you navigate through the necessary channels in collecting the necessary evidence needed.
You’ll want to find a lawyer who is not only experienced but also has familiarity with senior law including abuse and neglect. They will have a deeper understanding of your case.
Collect the necessary evidence
Keep in mind that you may need to be careful with how you acquire certain types of evidence. This is one more reason why a nursing home abuse lawyer should be at your service during this stage.
Gather witness statements
This will be just as important as the evidence itself. Your attorney should get witness statements from staff members or even senior residents (if they are able to provide such information). Confidentiality will be respected and will be of the utmost importance.
Settle or continue with proceedings
Your senior loved one deserves justice. At this point, an attorney specializing in nursing home abuse can negotiate on your behalf for a settlement. If no settlement is planned, it can continue in the court of law.
Please note that not all senior abuse or neglect lawsuits may reach a court. As such, you may consider a settlement that ensures your senior loved one is compensated accordingly. At the same time, the stress and time can take a toll on all parties involved.
Conclusion
We hope this guide will help you find a nursing home lawyer that is experienced in such cases. Follow the necessary procedures in order to file a lawsuit against the nursing home and possibly the abusers involved. The safety and health of your senior loved one is important.
If you suspect nursing home abuse, consult with a lawyer as soon as possible. You will have peace of mind knowing you have an advocate who will fight for you and your senior loved one.
