It is rarely an easy decision to place an elderly loved one in the care of a nursing home. Families spend a great deal of time deliberating over the pros and cons and having tough conversations about how to proceed with the move. One of the biggest fears for many families is whether their loved one will experience elder abuse at the nursing home, so when that happens, these families are understandably devastated.
Families in these scenarios want justice for their loved ones, but the option of suing a nursing home often seems out of reach. However, victims of elder abuse and their families have rights, and legal action can result in them receiving much-deserved compensation for their suffering. Below is a comprehensive guide on how to defend loved ones against elder abuse and file a lawsuit against nursing homes that commit such atrocious acts.
Signs of Elder Abuse in a Nursing Home
Before a lawsuit can be filed, families must determine if their elderly loved one is being abused. The National Institute of Aging reports that victims of elder abuse experience things such as financial abuse, emotional abuse, mental abuse, physical abuse, or neglect. Some signs that a person is experiencing abuse include:
- Poor hygiene
- Poor eating habits or weight loss
- Torn clothing
- Cuts, bruises, or burns
- Broken bones
- Damaged personal items
- Reactions of avoidance and fear from the elderly loved one
It is recommended that families monitor the finances of their loved ones while in the care of a nursing home facility. Doing so will alert them to any misuse of funds or large sums of money suddenly going missing.
The Overlap of Abuse and Neglect
Unfortunately, elder abuse is more common than the average person thinks, and neglect is a significant part of that abuse. When suing a nursing home, it is important to discuss the nuances of the case with a legal team. The lawyers on the case can help determine what happened to the elderly loved one and what the best course of action is going forward.
Finding an Elder Abuse Lawyer
Families that believe their elderly loved ones have been abused should seek the help of an attorney who is experienced in nursing home abuse cases. An experienced attorney can help families understand the case, including what their rights are and what recourse they have. The lawyer will advise them on what documentation they may need to build a case against the nursing home.
Preparing Necessary Documents
The documents necessary to file a lawsuit against a nursing home will vary depending on the details of the case and the state in which the family resides. Some examples of common documents that are required include documentation of any medical expenses incurred for treatment of abuse, previous medical records and current medical records to compare their state of health, any eyewitness accounts, any police reports that may have been filed as a result of reporting abuse, and any video or photographic evidence of acts of abuse.
Filing a Petition
With the help of an attorney, a family filing an elder abuse lawsuit will deliver the case, also known as a complaint, to the court of law. The document will include all parties involved in the case, what the actual complaint is, and the facts and evidence necessary to back up the complaint. The document should also note the compensation requested as a result of the abuse, which an attorney can help determine ahead of time.
Compensation for the elder abuse lawsuit can include medical costs to care for the abused party, financial loss as a result of removing the elderly loved one from the care of the nursing home, pain and suffering experienced by the victim of the abuse, and psychological therapy for the abused loved one or their family.
Appearing in Court
After filing the complaint, if it is approved, the family and their attorney will be summoned to court. There they will establish the facts of the case, share evidence, and interview witnesses. The length of time it will take to resolve the case varies depending on the details of the case. An experienced attorney can help the family determine the ideal outcome and what they can do to achieve it.
Fight For Your Loved Ones Now
When an elderly loved one falls victim to abuse in a nursing home, they and their family have recourse against the nursing home for the suffering they experienced. Do not wait to get help. Call an experienced attorney today and fight for the health and safety of your loved ones.