What to Do If You Suspect Negligence of an Elderly Loved One
At the pandemic’s beginning, we found that many nursing home facilities did not provide the required attention to their patients. This negligence resulted in a significant number of deaths among the elderly population. What was even more heartbreaking than the initial reports of elderly deaths due to Covid-19 was the cover up that followed.
It was revealed that some elderly care and assisted living facilities were not reporting all of the deaths of residents who succumbed to the virus, instead choosing to keep the numbers low to avoid bad publicity. It resulted in families being kept in the dark about the true extent of the virus’s impact on their loved ones, leaving many feeling betrayed and deceived. If nursing homes did such a vile thing at the beginning of the pandemic, can you imagine the scandalous things they had done before this health crisis?
It is no secret that nursing homes have been under fire for years now. Stories of abuse, neglect and even death have been all too common. So, when the pandemic hit, it was no surprise that nursing homes were some of the hardest-hit places.
If you suspect that negligence brought about the death of your loved one, it is essential to seek legal help from an experienced injury lawyer. An attorney can help you investigate the circumstances of the death, gather evidence, and determine whether you have a case. If you have a case, the lawyer can help you pursue damages from the responsible party.
Tort Nursing Home Abuse Lawsuits
If you ask seasoned injury lawyers, they will point out that most nursing home abuse lawsuits are tort cases. It means that the plaintiff (the person filing the lawsuit) must prove that the defendant (the person being sued) caused them harm. In many cases, the plaintiff must also prove that the defendant knew or should have known that their actions could cause injury.
Tort cases can be challenging to win because they require the plaintiff to prove that the defendant caused them harm and that the defendant knew or should have known that their actions could cause harm. However, if the plaintiff can prove both of these things, they may be able to recover damages for their injuries.
Nursing home abuse can take many forms. If you believe your loved one was the victim of abuse, you can file a tort case to hold the responsible parties accountable. Filing a lawsuit can be complicated, but working with an experienced attorney can make it easier.
Civil vs. Criminal Nursing Home Abuse Lawsuits
When filing this lawsuit, there are two different court systems that you can choose: civil or criminal. Each has a different set of rules and procedures, so it is critical to understand the difference between the two before you decide which one is right for your case.
Civil court cases are typically filed when someone seeks monetary damages from another party. This lawsuit could mean filing a lawsuit against the nursing home for the physical, emotional, and financial damages that you or your loved one has suffered.
On the other hand, criminal court cases are typically filed when someone has committed a crime. A nursing home abuse lawsuit could mean filing charges against the abuser for assault, battery, or elder abuse.
Conclusion
An injury lawyer can play a significant role in a nursing home abuse lawsuit. They can help you by investigating the case, gathering evidence, and representing the victim in court. They can also help your family by providing support and guidance through the legal process.
If you suspect negligence or (worse) abuse of your elderly loved one, you should consult Bossie, Reilly, & Oh. As injury lawyers in Phoenix, we have the expertise and the experience to defend your loved one’s rights. So, schedule a consultation now!