Did you know that as many as 5,000,000 seniors are abused every year? If you have a loved one in a nursing home and suspect that they are being mistreated then it might be time to start looking for a nursing home abuse attorney.
It is important to know when it is time to contact a lawyer. You do not want to wait until it is too late and something serious happens to your loved one.
Why Do You Need a Nursing Home Abuse Attorney?
When it comes to filing any type of lawsuit they can be complicated but filing a lawsuit against a nursing home is very complex. The reason is that these cases involve federal regulations along with state regulations. You also might have to deal with and understand wrongful death claims and have specific medical knowledge.
If you want to win this type of complex lawsuit against a nursing home you have to prove your case. This is why an attorney that has the experience like www.wnwlaw.com is a huge key to making sure you receive the compensation that you deserve. They will have experience with proving that an injury was caused by negligence or that it was intentionally done.
What a Professional Will Do?
An experienced attorney will first meet with the person that has the legal authority to manage the affairs for the abuse victim. During this initial meeting, the attorney will go over the victim’s history, their physical capacities, and their mental capacities.
After this initial meeting, the lawyer will determine if there is an actual case that he/she can fight. An attorney will have to make sure that the nursing home failed to uphold their responsibility to care for your loved one through either negligence or intentionally. The lawyer will also make sure that you have a legal contract that binds the nursing home to care for your loved one.
The last thing the attorney will use to determine whether they have a case or not is if the abuse is a direct result of the acts.
If the lawyer doesn’t find concrete evidence during the initial meeting they will begin an investigation. This investigation is to look into all the facts and gather evidence that is able to prove that there was abuse towards your loved one.
Grounds for Filing a Nursing Home Abuse Claim
There are a few different grounds that a lawyer can use to fight for your loved one. These can include any of the following:
If a nursing home fails to have enough staff members to take care of the residents living there it can cause the residents to be neglected. Understaffing also overworks the current staff making them less efficient and also more stressed. Whenever an employee is working under extra stress it can cause a loss of compassion and lower morale in the nursing home.
If a resident suffers an injury or dies from not having enough staff on each shift then they can be held liable for the accident.
All nursing homes have to hire personnel that are qualified to take care of their residents. They are responsible for making sure that the staff ahs the correct education and training for their position.
Nursing homes also have to do a background check to make sure that their staff members do not have a violence record or an abuse record.
Not Enough Training
Sometimes nursing homes are guilty of not training their staff with the proper way of handling residents that are disabled or residents that are disobedient. When there is inadequate training then the nursing home is held accountable when a patient is injured.
If there is any abuse caused by any third parties that come to the nursing home (such as entertainment, vendors, etc) then the nursing home is held responsible as well. The nursing home has the responsibility of providing a safe environment for its residents.
If the nursing home is not doing background checks on third parties then they are held liable.
Abuse Warning Signs
There are a few things you want to keep an eye out for because sometimes the warning signs can be dismissed as just things that come with aging or with dementia. You want to look out for the following:
- Silence around caretakers
- Physical pain
- Random infections
- Unexplained diseases
- Emotional withdrawal
- Bruises around the genitals (or on)
- Changes in their will
- Soiled clothing
- Sudden financial troubles
Your loved one might be ashamed to tell anyone about any hardship or abuse they are experiencing. This means that it is important for you to keep a close eye on those you love to make sure they are not showing any of the above signs. Do not forget that abuse is not only hitting or sexual abuse there is also financial abuse.
A staff member might take your loved one as being vulnerable and steal their identity or steal money. They might go as far as forging signatures to misuse your loved one’s accounts or credit cards.
Best of Luck During Your Case
If you suspect that your loved one is being abused it is important to address the situation as early as possible. As you can see hiring a nursing home abuse attorney ASAP is paramount to help you win your case. We wish you the best of luck during your case and hope that justice is served for your elder relative.
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