The issue of nursing home abuse is something we all should be aware about. Even those with senior loved ones who need a certain living arrangement where around-the-clock care is necessary must know this. Whether it’s being considered or you have already made a decision for them, it is important to know that the risk of such abuse will exist.
It’s normal to have a legitimate concern about the abuse your senior loved one could face. If they become victims themselves, it’s important to take the necessary actions as soon as possible. This includes taking legal action. You will learn when to file a nursing home abuse lawsuit.
In this guide, you will learn about the necessary steps and strategies that you need to take. You will need to take action if and when you are able to confirm signs of abuse. From there, it’s a race against the clock. Let’s begin.
What are the types and signs of nursing home abuse?
One of the major keys to filing a nursing home lawsuit is being able to confirm that abuse exists. This section will cover the different types of nursing home abuse and the associated signs. Without wasting time, let’s go over the following:
Physical signs
This type of abuse will feature signs of physical injuries such as cuts, abrasions, bruises, and fractures. These can be unexplained injuries that may or may not get examined by a medical professional (which may also constitute medical neglect). If you visit your senior loved one and notice such injuries, do not miss out on the opportunity to ask questions.
If there is no explanation given, this should raise a red flag. The issue here is physical abuse may be hard to confirm upon initial discovery. So it may take another instance (or noticing a pattern) before you sound the alarm.
This can also include physical sexual abuse as well – which stems from unwanted, non-consentual sexual contact. Either way, this is a serious form of abuse (as are all others).
Emotional signs
Physical signs don’t always have to be present to confirm abuse. Emotional abuse is another form that exists. Staff members may be yelling or insulting residents for whatever reason.
Your senior loved one may have a hard time with something and a staff member may find an opportunity to ridicule them. This is a form of emotional abuse. And it should never be tolerated.
As for the signs of emotional abuse, this can include fear or withdrawal – including from social situations. If your senior loved one is normally social and they display this behavior, this can be a huge red flag. Depression and anxiety are also obvious symptoms.
You may even notice your senior loved one avoiding staff members (and some people on the staff in particular). If you notice this, it may be a good idea to make a note of who the staff member is and why your senior loved one is avoiding them.
Neglect signs
Abuse and neglect are two separate things. While most neglect is unintentional, there are some instances that it may be. However, the signs will still be the same such as poor hygiene, untreated medical conditions, and poor living environment.
You may notice your senior loved one is appearing unkempt, wearing dirty clothes, poorly groomed, and looking like they haven’t had a bath in days or weeks. Malnutrition and dehydration will also be a sign of neglect as well.
If you notice these signs of neglect, that is enough confirmation to pursue a nursing home abuse and neglect lawsuit. The sooner you consult with a lawyer who specializes in these cases, the better.
When is the best time to consult a lawyer?
If you notice any concerning signs that may point to nursing home abuse, that may be one of the best times to contact a lawyer. You can speak to them about what’s going on with your senior loved one. From there, you can also ask about what your legal options are in case abuse or neglect is confirmed.
An attorney that specializes in nursing home abuse will help you navigate through the challenges and obstacles. Because of the nature of these cases, there are some different aspects to such lawsuits compared to others such as personal injury, property damage, etc. Yet, some concepts remain the same (such as the documentation of evidence).
The issue here is that you may never find out about abuse or neglect until much later. That’s why it is important to be vigilant of any signs each time you visit your senior loved one. You don’t want to be oblivious to what’s going on.
What may seem like everything is fine, you may not know behind clothes doors. So pay close attention to your senior loved one when you are visiting them. Ask questions about how their day is going, how things are, and so on.
Filing a lawsuit: What steps should you take?
This section will provide you with a step-by-step guide on what you need to do to file a lawsuit. It’s important that you make sure you follow each one accordingly. You don’t want to skip any steps or leave no stone unturned. Here’s what you need to do at each stage:
Confirming and documenting abuse
The first step is being able to confirm the abuse using the signs and symptoms that we’ve listed above. You want to determine how severe the abuse is. At the same time, you want to determine if your senior loved one is in immediate danger.
If they are, make sure they are relocated safely. This may include living in your home or other members of your family. Either way, get them out of the nursing home as soon as possible.
It may take repeated incidents to confirm abuse. If you initially notice possible signs of abuse, be sure to document it as soon as possible. The same applies for multiple occurrences.
The more incidents you document, the more evidence you present for a strong case. Another thing to take note of is the response by the nursing home. If it is inadequate, this will work in your favor regarding your lawsuit against them.
Gathering Witness Statements
Your attorney will gather witness statements, a crucial part of building your case. This process can be challenging for several reasons. Witnesses may feel intimidated or may intentionally cover up the abuse, leading to inaccurate statements. It is important for witnesses to provide accurate information, as giving false statements can result in penalties for perjury.
Your attorney will also inform witnesses that their confidentiality is of the utmost importance. This assurance will help protect their identities and the information they provide.
Settling or Going to Court
Deciding whether to settle or go to court can be made by both parties involved. Your attorney will help you weigh the options. Settling the case out of court can provide the settlement needed for your senior loved one without the stress and time commitment of court proceedings. Alternatively, the case can proceed to civil court where it will be decided by a judge or jury.
Regardless of the chosen path, it is important to note that legal proceedings can be stressful. Settling out of court is often a less time-intensive option, and your attorney will help you determine the best course of action for your specific situation.
Conclusion
We hope this guide has been helpful in taking the necessary steps to file a nursing home abuse lawsuit. Spot the signs and document any confirmed abuse. From there, you will need to hire an attorney that will help you navigate through the obstacles that come with filing a civil suit against a nursing home.
Please remember that time is not on your side due to various factors. This includes statute of limitations, when the abuse may occur again, or if the abuse is severe to where it may cause serious injury or death. Act as soon as possible and make sure your senior loved one gets the justice they deserve. Call now to discuss legal action.
