Nursing Home Neglect Case: Everything You Need to Know In Case of Injury
Nursing Home Neglect Case: What To Know and What To Do If Your Loved One is Hurt At A Nursing Home
Your loved ones need to feel safe in their homes. The decision to place your aging or ill family member in a nursing home is a major life changing move to think about.
Unfortunately, there are everyday instances in which anursing home neglect case need to be handled becaue neglect and abuse is continual. Even when we try our best to protect our elderly loved ones, emotional and physical abuse can take place in nursing home facilities.
Did you know that research from a 2010 study showed that almost half nursing home attendants admitted to abusing elderly residents?
Want to know the value of your nursing home neglect case?
It doesn't matter what type of abuse occurs. You need to fight for your loved ones. Sometimes this horrific abuse means you need to endure a legal battle.
Let's dive into everything you need to know about nursing home neglect cases if are considering filing a lawsuit:
1. What are Examples of What Might Be A Neglect Case?
Firstly, you need to be in the know about what is defined as nursing home neglect. Neglect be interpreted as different types of abuse, ranging from emotional to physical incidents that affect an elderly resident.
There are quite a few examples of neglect that can occur for residents living in nursing homes. This is a comprehensive list of examples of abuse you should be aware of if you are pursuing a nursing home neglect case:
- Physical abuse, which can vary from the inappropriate use of restraint to slapping or pushing the resident
- Emotional abuse, which happens when a care giver is demeaning to the resident or isolates the resident from others
- Verbal abuse, which refers to yelling, screaming at, or using foul language in the presence of the elderly resident
- Sexual abuse
- Involuntary seclusion
- Financial abuse (where a care giver steals money from the resident in different ways.)
- Theft or personal property loss,
If you believe your loved one has been abused in a way that involves sexual assault or physical harm as might have happened in a assault adn battery, reach out to local police authorities immediately. After the initial call to the police has been made, you can take the next steps to treating the injuries that your elderly loved one has experienced as a neglect case. Nursing home neglect cases can be successful at giving your loved one the treatment that he or she deserves.
2. What Evidence Do You Need to Win?
In order to win your neglect case, you need to be as well prepared as possible.
You must be able to prove that negligence happened while the elderly patient was living at the nursing home. The patient will be referred to as the "plaintiff" during the course of the neglect case. The plaintiff needs to understand what neglectful act he or she is accusing the nursing home attendant, or "defendant" of committing.
The plaintiff needs to make sure the injury occurred at the nursing home so the medical malpractice lawsuit can carry forward. The case will be under extreme scrutiny, so supplying your lawyer with the prime evidence of abuse is key. Do not let the defendant get away with the abuse if there is a lack of evidence or if the injury does not seem associated with the home.
Once the plaintiff secures the right track to move the case to the next step, a team of lawyers can address all of your questions in a timely manner.
3. Nursing Homes Choose Profits Over the People.
Nursing homes have turned into quite profitable businesses. Statistics show that in 2009 alone, more than $104 billion dollars was made from the nursing home businesses around the country.
A private equity investor is not interested in the people, as they tend to reap the financial benefits of owning a nursing home. A for-profit company that is in control of a nursing home will significantly reduce the quality of treatment for residents as most of these homes go understaffed.
With fewer people on staff to help assist the elderly, more cases of neglect occur. The private equity investors do not look at their nursing homes as closely as others. For them, it's more important to seek high returns on their financial investments instead of maintaining healthy lives for their patients.
4. Federal Laws are in Effect to Protect Your Loved Ones
Federal and state laws exist to protect your loved ones in times of emotional or physical abuse from nursing homes.
Federal laws regarding nursing home care include the following regulations:
- Enough staff on duty to care for all residents
- Conducting an assessment of a resident before admittance into the nursing home
- Crafting an individual plan for the resident while he or she lives in the home
- Provide oral care, grooming needs
- Provide a safe environment to prevent any bed sores
- Make sure the resident has access to supervision at all times
- Provide the resident with enough liquid intake each day
- Provide medications to the resident on a regular basis
- Ensure that the resident is living a quality of life
- Maintain respect with the resident
Individual state laws vary. Nursing homes also need to be in compliance with those laws, too. In Illinois, you can call the Illinois Department of Public Health at 800-252-4343
Don't Hire Just Any Lawyer for Your Situation
We know you have a busy schedule, but we also know how much you care about your elderly loved ones and would do anything to assist them through these times of need when dealing with a nursing home neglect case.
We at the law offices of Scott D. DeSalvo have operators standing by to answer your questions regarding nursing home neglect cases. Mr. DeSalvo is a highly regarded lawyer who will take his time to explain to you in plain English just how your neglect case can be won. You can even read our testimonials that show how dedicated he is to winning your case.
Are you thinking about pursuing a neglect case after reading our in-depth article? Please contact us for more information about our Chicago practice. Trust our team of legal experts to do the work to win your Chicago nursing home abuse case.
"Hiring Scott was one of the best moves I have made in my life....5 star first class act who really knows his stuff."
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