We know that it sounds way too inhumane and unreal, but the thing is, many elderly people suffer from the devastating effects of nursing home abuse and neglect. Neglect is the failure to give required care, whereas abuse is the purposeful injury of another person, you know? Though no one can change what really happened, but victims and their families can seek justice and compensation for any harm endured through legal actions. And that’s why we’ll talk about how nursing home abuse lawsuit work, and how you can file one. Here we go.
What Counts as Nursing Home Abuse and Neglect?
Numerous forms of neglect and abuse can occur in nursing homes. There are several forms of abuse, including physical (such as pushing or punching), mental (such as screaming or threatening), and sexual (any unwelcome sexual contact). Basic requirements, such as those for food and water, personal cleanliness, and medical care, can easily go unmet when people are neglected. Victims of abuse and neglect are particularly vulnerable.
You must understand that residents in nursing homes are entitled to adequate care. If they are unsuccessful and harm comes to families, they are fully entitled to sue the nursing home and ask for compensation.
How to File a Nursing Home Abuse Lawsuit
Are you sure there is abuse or mistreatment going on? Do these things. First, find the signs by looking for bruises or changes in behavior that you can’t explain. It is important that everything should be written down, so take pictures, keep medical records, and write down what happens. If you need to report the abuse right away, call 911 or Adult Protective Services. Then, talk to a lawyer. They will help you through the process and write a formal complaint that describes the abuse or neglect and names the person who is guilty. A lot of cases are solved without going to court, but if one can’t be, the case may go to court.
Different Types of Nursing Home Abuse Lawsuits
Nursing home abuse cases can take many forms. A resident may choose to pursue a personal injury lawsuit in the event that they incur bodily harm, such as a fractured bone or bedsores. Such instances may involve allegations of sexual assault or medical misconduct. When a person passes away as a result of unnecessary suffering, their family may decide to sue for wrongful death. Nursing homes face breach of contract lawsuits when they fail to deliver the promised care.
What Kind of Compensation Can You Get?
In these types of cases, the amounts granted might differ. Although some cases yield settlements over one million dollars, the average is close to $400,000. The circumstances surrounding the abuse or neglect, as well as the seriousness of the harm, determine the amount. One case in Kentucky, involving the death of a paraplegic resident, led to a payment of $5.2 million. A citizen of Illinois who suffered from serious bedsores and a kidney infection was granted $1.2 million in another instance. Based on these cases, it is clear that families can receive substantial compensation to assist with abuse-related expenditures, including medical bills.
