All You Need to Know about a Nursing Home Abuse Settlement
A nursing home is a facility that provides nursing and other medical care to people who are unable to care for themselves. For this reason, most people who live in one are typically elderly or disabled. However, nursing homes aren’t perfect because some personnel may abuse patients. When this happens, you can file charges.
Nursing home abuse claims are pretty straightforward. If you have solid evidence that your loved one was abused while living in a nursing home, you likely have a strong case against the facility. Your lawyer can use your evidence to prove that the facility was negligent in its hiring practices, didn’t properly train its employees, or had a history of abuse complaints. However, navigating the entire situation is tricky because you want to win your case. Because of this, we’re here to guide you regarding the matter.
What Constitutes Abuse?
In nursing home abuse cases, different situations constitute abuse. These include:
Physical abuse involves inflicting intentional harm on a nursing home resident. This includes hitting, kicking, shoving, biting, and burning. Physical abuse can also include the use of physical restraints and the administration of unwanted drugs or injections.
Emotional abuse involves any type of behavior that causes emotional or psychological trauma. This includes terrorizing, humiliating, or threatening a nursing home resident. Emotional abuse can also include social isolation, ignoring a resident, or giving a resident unwanted attention.
Neglect involves failing to provide a nursing home resident with the necessities of life. This includes food, water, shelter, clothing, medical care, and personal hygiene. Neglect can also involve failing to protect a nursing home resident from health and safety hazards.
Sexual abuse involves sexual contact with a nursing home resident without the resident’s consent. This includes sexual assault, sexual battery, rape, or molestation. Sexual abuse can also involve forcing a nursing home resident to watch or participate in sexual activity.
Financial exploitation involves taking advantage of a nursing home resident for financial gain. This includes stealing a resident’s money or property, forging a resident’s signature, or using a resident’s credit or debit card without permission. Financial exploitation can also involve fraud or identity theft.
Filing a Claim
If you suspect that your loved one has been the victim of nursing home abuse or neglect, you may be able to file a claim against the nursing home. Claims can be filed against both nursing homes and the employees who work there.
Your claim must include the following:
- The name of the nursing home
- The name of the person who committed the abuse or neglect
- The date(s) of the abuse or neglect
- The type of abuse or neglect that occurred
- The name of the victim
- The injuries or damages that the victim suffered
- The amount of money that you are seeking in damages
You will need to file your claim within the statute of limitations for your state. In most states, the statute of limitations for nursing home abuse or neglect is two years.
If you win your claim, you may be awarded compensatory damages. These damages include medical expenses, pain and suffering, and emotional distress. You may also be awarded punitive damages in some cases. Punitive damages are designed to punish the nursing home for its actions and to deter other nursing homes from engaging in similar behavior.
However, you may also receive compensation in other ways, such as medical bills, lost income, or reduced quality of life. The court determines this on a case-by-case basis.
Working with a Lawyer
If you suspect your loved one has been a victim of nursing home abuse or neglect, you must speak with an experienced nursing home abuse attorney. Your lawyer will be able to investigate the allegations and gather evidence to support your claim.
Your attorney will also be able to file your claim with the court, negotiate with the nursing home and their insurance company, and represent you in court if necessary.
Nursing home abuse cases are rare, but that doesn’t mean they don’t happen. If your loved one experiences any type of abuse or neglect while in a nursing home, you should speak with an experienced nursing home abuse attorney as soon as possible. All that matters is getting the compensation and justice your loved one deserves.
If you’re looking for personal injury lawyers in Phoenix, Bosie, Reilly, & Oh can help you! We understand that any legal situation can be stressful, so our legal professionals will ensure you get the compensation you deserve. Call (602) 851-9898 today and allow us to help you!