Nursing homes are supposed to be safe spaces where our elderly loved ones can get the care they need. But the sad truth is that some nursing homes don’t do their job well, and elders can face abuse or neglect because of this.
Law firms that specialize in nursing home abuse play a significant role in finding out what’s happening and fighting for justice. In this article, we’ll take a look at how these firms dig into cases of nursing home abuse and work to make things right for the victims of said abuse.
Understanding Nursing Home Abuse
Let’s start by talking about the different kinds of abuse that can happen in nursing homes. Oftentimes, nursing home abuse is invisible and goes unreported due to the fact that many elderly people suffer from diseases like Alzheimer’s and dementia. This is why it’s so important to shine a light on the different types of nursing home abuse, so that you know what to look out for:
Physical Abuse
There’s physical abuse, where someone is intentionally hurt (usually by a staff member of the nursing home or other type of caretaker). A nursing home resident who has experienced physical abuse will often show signs of it — like cuts, scrapes, bruises, burns, and even broken bones.
Emotional Abuse
Emotional abuse is when someone is being threatened or is purposefully isolated from others. This type of abuse could also include name-calling, verbal abuse, and emotional manipulation. It can be difficult to tell, just by looking, that an elderly person is experiencing emotional abuse, so keep a close eye on your loved one’s mental state if you’re concerned that’s what’s happening.
Sexual Abuse
Sexual abuse involves non-consensual or coercive sexual activities. Women in nursing homes are more likely to experience sexual abuse at the hands of caretakers and other residents. Like emotional abuse, sexual abuse can be difficult to identify. Make sure to sit down and have a conversation with your loved one if you notice that their mental state has changed.
Neglect
Neglect is another big issue that often gets overlooked in nursing homes. Oftentimes, nursing homes are understaffed, and this can lead to the residents not getting the care they need. Signs of neglect to watch out for might include bed sores, poor resident hygiene, inadequate nutrition, and bruises or broken bones from falls that could have been prevented.
Recognizing the Signs
Law firms that deal with nursing home abuse will usually start the process of investigating nursing home abuse claims by identifying the signs that abuse might be happening. These signs can be different depending on the type of abuse going on. There could also be several different types of abuse happening at the same time, which can further complicate matters.
As mentioned above, the signs of nursing home abuse often include unexplained bruises, sudden changes in behavior, withdrawal from social activities, poor hygiene, and malnutrition. Financial exploitation might look like sudden changes in the elder’s money situation or unauthorized use of their assets by their caretakers or family members.
Initial Consultation
The whole investigation usually kicks off with a meeting between the law firm and the family member or person concerned about the possibility that their loved one is going through nursing home abuse. An attorney will gather details about the suspected abuse, like what happened, who was involved, and the injuries that have been observed.
Building trust with the family is an important part of this process. The more that the concerned family member trusts the law firm they’re working with, the more information they’ll be willing to openly share. The more information that the law firm has about the situation at hand, the more likely it is that they’ll be able to help the victim of nursing home abuse.
Legal Documentation
After the initial meeting with the concerned family member, friend, or caretaker, the law firm will start gathering legal documents. This is the part that will, oftentimes, take a while. If the nursing home where your loved one is a resident seems reluctant to cough up any paperwork, that could be a sign that abuse is, indeed, going on.
These documents usually include medical records, reports on incidents, staff lists, and any other important paperwork from the nursing home. A lawyer will carefully look through these documents for anything that seems off, like inconsistencies or patterns that could point to a bigger problem going on within the facility.
Consultations With Experts
In order to make their cases stronger, law firms will often need to seek out help from experts — such as medical professionals and psychologists. These professionals will be able to provide much-needed insight into certain injuries, as well as the emotional well-being of the elderly person being abused.
The fact of the matter is, that concerned family members can sometimes be blind to emotional symptoms of neglect and abuse, which is why it’s so important for law firms to consult with these experts. Having science-based information on hand helps the law firm build a solid case against the nursing home or specific caretaker who is being accused of abuse or neglect.
Witness Interviews
As stated before, nursing home abuse can be invisible. Still, though, it’s always worth investigating whether there are any witnesses to the abuse that’s been taking place. Witnesses might include other residents, staff members, or even visitors who saw what happened. Getting firsthand accounts of what happened will help the law firm put together a complete picture.
Surveillance and Monitoring
When abuse is suspected but not easily proven, law firms might monitor the nursing home or specific person who’s been accused of abuse. This tends to be an effective way to keep an eye on the nursing home, the staff, and how they interact with residents. In other words, it’s a great way to capture any evidence of abusive behavior.
Legal Analysis
Once the law firm has gathered enough evidence against the nursing home, legal experts will analyze it in order to get a sense of how strong the case is. From there, they’ll work with the client to figure out what the best legal path to take is. In these cases, there are often many different ways that a concerned family member can seek justice for what has happened.
For example, the law firm might suggest that the concerned family member files a lawsuit against the nursing home, seeks compensation for damages. It all depends on the severity of the abuse that has taken place, and the concerned family member’s personal preferences (as well as the preferences of the person who has been abused).
Negotiation and Settlement
Sometimes, law firms try to work things out without ever going to court. They might talk with the nursing home owner or their insurance in order to reach a settlement that works for everyone involved.
You might be wondering why law firms do this. The main reason is that, sometimes, a fair resolution can be reached without having to go through a long legal battle. Settlements could include compensation for medical bills that have piled up due to abuse-related injuries.
Litigation
When the law firm is unable to reach a settlement with the nursing home — or, the abuse is really bad — they will usually take things to court. This process involves filing a lawsuit against the nursing home and maybe against individual staff members, depending on who, specifically, is involved. This allows the legal team to present their evidence in court and fight for justice on behalf of the victim.
Final Thoughts
Nursing home abuse is a serious problem, and, quite frankly, it doesn’t get talked about enough. Thankfully, if your loved one is experiencing nursing home abuse, they don’t have to face it alone. Law firms specializing in nursing home abuse play a major role in figuring out what’s going on, as well as making sure that those responsible for the abuse are held accountable.
Through a step-by-step process that includes legal know-how, expert opinions, interviews, and efforts to change policies, these law firms work hard to stand up for the elderly. It’s important that, as a society, we look out for our older community members, and trust law firms to protect those who are most vulnerable. Call today to discuss your case with our team.
