The goal of moving your aging loved one to a nursing home is to make sure they get the best care and live a quality life in their twilight years. It can be devastating when your loved one ends up being neglected, mistreated, or even harmed while in a nursing home. Nursing home abuse can come in many forms, including neglect, emotional abuse, physical abuse, financial exploitation, improper medical care, and sexual abuse.
If you suspect your elderly family member is being abused in a nursing home, it’s crucial that you act swiftly and effectively. Filing a nursing home abuse lawsuit will help you protect your loved ones from their abusers and secure financial compensation for their care and relocation. Let’s explore crucial tips for filing a nursing home abuse lawsuit.
- Recognize the signs of abuse
Your aging loved one may be reluctant or unable to report the abuse, so it’s up to you, as a family member, to recognize the signs of abuse. Here are common signs of nursing home abuse:
- Unexplained bruises, cuts, or fractures
- Sudden weight loss
- Withdrawal, fearfulness, or sudden mood changes
- Unusual bank activity or missing valuables
- Poor hygiene, bedsores, and malnutrition
- Report the abuse to the authorities
Before or alongside legal action, report the abuse to the appropriate authorities. Contact your state’s Adult Protective Services (APS) or the long-term care ombudsman program. These agencies can investigate the claims and may issue citations or fines against the facility. Their findings can support your lawsuit and demonstrate that the issue has been officially acknowledged.
- Gather evidence
Documenting everything thoroughly is the first step towards building a strong nursing home abuse case. The evidence you need to gather may include:
- Medical records: Keep detailed records of medical conditions or physical injuries related to the abuse in the nursing home. Save medical records, prescriptions, and any written communication with the facility
- Take photographs of visible injuries or unsafe living conditions
- Witness statements: Speak with other residents, nursing home staff, or visitors who may have witnessed the abuse
- Financial exploitation: If you suspect financial exploitation, gather receipts, bank statements, and other financial documents that may help expose the abuse
- Hire a nursing home abuse lawyer
Nursing home abuse cases can be complex, involving both state and federal regulations, and it’s crucial to have a lawyer on your side. However, don’t give your business to just any personal injury lawyer. Instead, work with lawyers specializing in nursing home abuse cases. These lawyers will have the expertise to:
- Assess the strength of your case
- Gather the necessary evidence
- Increases your chances of a successful outcome
- Guide you through the process
- Help you understand your rights
- Understand the statute of limitations
Each state has a statute of limitations that dictates how long you have to file a lawsuit after discovering abuse. Normally, it ranges between one and three years, depending on the state. It’s, therefore, crucial that you file your lawsuit within that time frame, or else you lose your right to seek compensation.
Endnote
If you notice signs of nursing home abuse, don’t let your loved one suffer any longer. Document the evidence, and hire a nursing home abuse lawyer to help you file a nursing home abuse lawsuit.
