Nursing Home Abuse Legal Guide.

Placing a loved one in a nursing home is a difficult decision and an emotional one. When enrolling ourselves or a loved one in a nursing care facility, we are entrusting caregivers with more than just money. The safety and security of those we hold dear is of utmost importance, and unfortunately, there are those who would manipulate such a tremendously sensitive situation for their own personal gain.

If you or a loved one has been victimized by the unscrupulous actions of nursing home employees or supervisors, your main concern must be immediate and comprehensive medical treatment for the abused. In such adverse emotional conditions, it is often easy to neglect or forget the legal rights afforded to the victims of nursing home neglect or abuse. However, victims of nursing home abuse are entitled to justice, and those who would violate the rights of others for their own personal gain must be held accountable for their actions.

A compassionate, diligent and experienced nursing home abuse lawyer will help you understand your legal rights and available course of action. Do not let the transgressions of those who promised a safe and secure sanctuary go unpunished. Now is the time for action. If your loved one has been hurt physically, emotionally, or mentally, you deserve answers today.

Why File a Nursing Home Abuse Lawsuit?

Nursing homes that receive federal funds must comply with federal laws requiring that residents receive a high quality of care. Since most nursing homes participate in the federal Medicare and Medicaid programs, these homes must obey the laws. A federal statute known as the Nursing Home Reform Act provides that a nursing home must provide services and activities that encourage the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with their written plan of care. Such are the responsibilities of the nursing care facility, and, in some cases, those responsibilities are not adhered to.

Placing a loved one in the care of a nursing home is a decision not easily made. It involves, research, extensive consultation, and, above all else, trust. Trust that the facility has all the available amenities and resources to make the residents as comfortable as possible. Trust that the caregivers are well-trained in safety practices and procedures, and that they are focused on providing a positive and peaceful living environment. Sadly, that trust is often betrayed, and those we have strived to protect are subjected to undue physical and emotional torment.

If you have any questions or concerns as to the practices employed by a nursing home facility, contact an experienced and compassionate nursing home attorney immediately. Those who would violate the rights of nursing home residents are subject to immediate investigation, and, should any transgressions be noted, be held accountable in a court-of-law.

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Nursing Home Abuse Lawsuit FAQs

What can be done if nursing home abuse is suspected?

Given that the health and safety of the resident is at stake if nursing home abuse or neglect is suspected, the matter should be investigated immediately. If the matter cannot be resolved to your satisfaction by bringing it to the attention of the nursing home administrator, you may seek the assistance of the government, attorneys, or advocacy groups.

What is the first step in pursuing a nursing home abuse lawsuit?

The first step in pursuing a nursing home abuse or neglect case is suspecting that one may have been the victim of abuse or neglect. In many cases of abuse or neglect, the nursing home victim is not capable of communicating effectively about the situation. Therefore, it is incumbent upon those who sense that something is wrong to consult a qualified attorney to review the matter. Should the attorneys find reason to pursue the case in earnest, they will then attempt to obtain and review nursing home and medical records along with other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or agencies that are believed to have committed the abuse or neglect.

How is it determined whether or not a legal claim against a nursing home is to be pursued?

Determining whether or not one has a "good case" is not always an exact science. Because such determinations involve the professional judgment (based upon many factors and considerations) of medical experts and attorneys, it is recommended that one seek a second opinion from one or more qualified attorneys if told that their case lacks enough substance or proof to be pursued.

What are the costs involved in pursuing a nursing home abuse lawsuit?

Most attorneys will cover the case development expenses (such as expert fees, deposition costs, etc.) with the understanding that he or she will recoup such costs only in the event of a recovery. Therefore, in some cases, one may be able to secure legal representation without having to pay any attorney's fees or expenses "out of pocket."

How long will a nursing home abuse lawsuit take?

There is simply no easy answer to this question. The vast majority of all cases, including nursing home abuse cases, are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation. An experienced, knowledgeable nursing home abuse attorney will be able to discuss the specifics of your case.

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Your Rights and Nursing Home Reform Act.

Nursing home residents are afforded certain unalienable rights by declaration of the Nursing Home Reform Act. All nursing care facilities receiving funding from the federal government are required by law to adhere to the following as they pertain to the rights of the residents:

  • Respect:You have the right to be treated with dignity and respect.
  • Services and Fees:You must be informed in writing about services and fees before you enter the nursing home.
  • Money:You have the right to manage your own money or to choose someone else you trust to do this for you.
  • Privacy:You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.
  • Medical Care:You have the right to be informed about your medical condition, medications, and to see you own doctor. You also have the right to refuse medications and treatments.

The rights afforded nursing care facility residents are irrefutable by law, and those who violate or neglect to adhere to those rights must be held accountable for their actions. If you or a loved one has been the victim of abuse or neglect while residing at a nursing home facility, you are encouraged to seek compensation for the pain and suffering you have endured. Let experienced, compassionate and diligent nursing home abuse attorneys help you recover the dignity and respect lost to those who failed to honor their professional obligations.

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Statute of Limitations for Nursing Homes.

If you are considering taking legal action because of an instance of nursing home abuse, make sure that you act as quickly as possible. Under a legal rule known as the "statute of limitations," any lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person's legal claim will be barred and their ability to sue terminated.

Every state has enacted its own statute of limitations, requiring any personal injury suit be filed in court within a set time after the incident or injury. The specific time limit implemented by each state ranges from one to six years. If you or a loved one has been the victim of nursing home abuse, now is the time to act. The time limits placed on cases of this type vary from state to state, and as a result, it is imperative that you contact an experienced and understanding attorney who is well-versed in the procedures and statutes associated with nursing home abuse litigation.

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Finding the Right Nursing Home Abuse Lawyer

Nursing home lawsuits should be handled by attorneys familiar with nursing home laws and regulations. A lawyer who has represented clients in previous nursing home lawsuits is likely in the best position to provide advice and legal guidance, as experience garnered through case filings, client interviews, hearings and/or court appearances can prove invaluable.

Attorneys with first-hand experience in nursing home abuse cases also are acutely aware of the fragility and sensitivity of their client, as advanced age and decreased mental and physical capacity can make personal interaction a difficult process. When the right attorney is located and a case successfully pursued, a nursing home or residential care facility can be held accountable for the pain and suffering endured by unsuspecting and assailable residents.

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Nursing Home Abuse Verdicts

Helping a client receive a favorable verdict is the first priority for any experienced and aggressive nursing home abuse attorney. In order to achieve a ruling that will help get nursing home abuse victims back on the road to full recovery, a compassionate and successful attorney will develop a professional relationship built on trust and integrity. They then consult with experts in the field, reviewing medical records, case histories and available background information on the accused.

The goal of in-depth case research is to leave no stone unturned, as information, no matter how small or seemingly insignificant, can swing the balance of judicial justice in the favor of those who seek compensatory damages for their pain and suffering.

Let a compassionate and caring team of legal experts work for a verdict that can help alleviate the emotional and physical trauma induced by individuals who chose to violate the trust, respect and support of those they were obligated to care for and protect. Your loved ones deserves more - contact someone today.

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Nursing Home Abuse Settlements

The statistics are both shocking and appalling. Recent studies and on-site investigations have led health care experts to the conclusion that nearly one-third of all nursing home facilities in the United States have had some form or occurrence of abuse, and that does not account for what is perceived to be a vast number of unreported cases.

Nursing home abuse settlements are achieved when victims of abuse, or their families, file a lawsuit to recover damages sustained. Nursing care facilities will often try to avoid litigation due to the amount of negative publicity generated by the case, but also attempt to avoid paying high settlement costs by claiming financial hardship, or blaming the federal government for strict regulations that encourage insurance companies to charge extremely high premiums for liability coverage. Regardless of their claims, nursing home facilities are liable for the actions (or lack thereof) of supervisors and/or employees who chose personal gain over the health, safety and security of those they were entrusted to care for.

No one deserves to live in fear, least of all those who seek only to live out their remaining days in a tranquil environment. Unfortunately, tranquility turns tumultuous when greedy and morally corrupt "care-givers" choose to exploit residents of nursing care facilities for their personal gain. If you or a loved one has been subjugated to nursing home abuse or neglect, then it is imperative that you seek the aid of qualified and experienced nursing home attorney who will help right the wrongs of those responsible for such reprehensible activity.

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Contact a Nursing Home Lawyer

Nursing home abuse is one of the most heartbreaking of situations and the most heinous of crimes. Elderly loved ones deserve the utmost consideration and care, and if that trust has been broken, it is imperative that the guilty parties are held accountable for such gross negligence.

If you've seen signs of nursing home staff negligence or abuse while visiting your loved one in a care facility, it is essential to contact a knowledgeable, compassionate nursing home abuse lawyer. Your loved one deserves the protection of a nusring home abuse attorney who is passionate about fighting aggressively on their behalf, especially those who have been victimized by the unscrupulous actions of nursing home personnel. Don't let the suffering continue - call someone today.

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Page Description: A Nursing Home Abuse Legal Guide. Lawyers, Lawsuits, Limitations and Victims Rights for Elder abuse in nursing homes.