Last Updated: January 28, 2021

Nursing Home Attorney? Do I Need One? Can They Help?

nursing home attorney

Nursing Home Attorney? Why having a good attorney on your side will get you answers and help that no one else can offer.

Nursing home abuse and neglect can take many forms. Knowing what some of them are will help you know when you have the right to pursue legal action.

Here are a few common examples of types of elder abuse. If you're concerned about someone's wellbeing, it's always a good idea to ask what your options are.  Checking reviews before placing a loved on in a nursing home is a good idea, too.

Medication Error

In many cases, you put your elderly parent in a nursing home to make sure they were taking the correct doses of medication at the right times for their own safety.

A nursing home is responsible for making sure overdoses, underdoses, incorrect administration, or confusion of medications does not occur. If any of these happened, you may be entitled to financial compensation.

Financial Exploitation

This is the most common form of elder abuse and can include undue influence, theft, and forgery.

Inappropriate or Wrongful Care

Any form of care that leads to illness or injury is grounds for a lawsuit and can include everything from sepsis to bedsores to medication errors.

Life-Threatening Injuries

Residents of a nursing home rely on their caregivers to provide the appropriate level of supervision and care. If their failure to do so results in life-threatening injuries, you have the right to sue.

Insufficient Staffing

Many of the nursing home neglect problems arise from a failure to adequately care for and supervise the residents of the home. Cutting staff is one of the most common ways for facilities to reduce costs, despite the fact that there are laws in place to prevent such actions.

Their lack of staff has a serious cost, as many instances of nursing home neglect arise when staff does not adequately supervise and care for their residents.

Verbal Belittlement and Harassment

Emotional neglect and abuse are just as much of a concern as physical and financial abuse.

Verbal belittlement is one of the most common examples. It may seem small but can result in serious emotional and psychological trauma. Depression and anxiety are both signs of trauma, and every senior has the right to feel safe.

Wrongful Death

If you believe that your loved one died as a result of poor care at the hands of a nursing home, it is imperative that you seek legal action as soon as possible.

What is Elder Law?

Elder law is a subset of personal injury law or tort law.

In general, the elder law deals with the legal considerations of aging, such as end-of-life issues, guardianship, and personal injury law as it relates to nursing home neglect.

nursing home attorney
Duties of a Nursing Home Attorney

An elder law attorney can provide assistance with any of the following:

  • The importance of wills and estate planning
  • Ensuring power of attorney
  • Financial representation
  • Healthcare planning including long-term care options and patient rights
  • Nursing home rights and filing a claim

When your loved one is hurt because of those who were supposed to care for them, a nursing home attorney is the one who can help you make sure that you receive adequate compensation.

They also specialize in senior citizens, which leaves them better equipped to handle sensitive emotional and psychological matters for older adults.

How a Nursing Home Attorney Can Help

Dealing with elder abuse can be a frightening time for all involved. A nursing home attorney can help you keep your peace of mind and make sure your loved one receives the care and compensation they deserve.

First Steps

The best way to build a case of neglect or abuse is to visit frequently and report early, as many of the markers used to signify nursing home abuse and neglect are time sensitive (such as injuries).

You should record evidence of abuse and report it to local and state authorities. You can use the resource page on the National Center on Elder Abuse (NCEA) and contact members of your loved one's immediate healthcare team (if they are not involved in the neglect).

Once reported, you can seek legal counsel to determine how to proceed. They can help you build a case and determine how to proceed.

You will also need to move your loved one to a different facility to prevent further abuse. This can be a difficult process, as many seniors believe the new home will be just as bad or worse than the current one. It can also confuse them, so the process needs to be addressed with care.

Questions to Ask

When seeking a nursing home attorney, you should have a few questions in mind, including:

  • What percentage of your time is devoted to elder law?
  • Do you have an area of specialty within elder law?
  • What information will I need for our first meeting?
  • How are your fees computed?

All of these questions will help ensure that you find an attorney who specializes in the area most important to you and make sure that you are prepared when you begin to compile a case.

Find the Right Nursing Home Attorney for You

No one should have to deal with a case of nursing home abuse alone. Our professional staff is ready to help you move forward to get your loved one compensation or by holding the nursing home legally accountable.

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