Why Choose The Nursing Home Abuse Lawyers at The Mike Hostilo Law Firm?

In a recent World Health Organization (WHO) survey, two out of three nursing home staff members admitted to abusing residents. This is why it’s essential to check in with your loved ones frequently and watch carefully for signs of potential abuse.

If your loved one has experienced nursing home negligence or abuse, contact our team today. We’ll provide trusted legal representation each step of the way – and you don’t pay us unless we win your case! For legal advice you can rely on, call our nursing home lawyers today.

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A woman in a wheelchair is being aided by a nurse following a personal injury.

Ask a Nursing Home Abuse Lawyer: What Constitutes Nursing Home Abuse?

Your family member has rights, and if they are not being upheld or you think he or she is being abused, it’s time to act. You may have the right to file a lawsuit against the nursing home on behalf of your loved one.

In most cases of nursing home abuse or neglect, there are signs. Some long-term care facility residents are reluctant to tell family members that they feel afraid or are being treated poorly. But there are things you can look for to determine whether your family member is being abused.

✓ Nursing Home Abuse: Any intentional harm that comes to a resident in a long-term care facility is considered nursing home abuse. If your loved one is being intimidated, confined unreasonably, physically injured, or subjected to any mental anguish, then abuse is taking place.

✓ Nursing Home Neglect: This occurs when a staff member doesn’t provide adequate care for a resident. Nursing home neglect may come in the form of lack of cleanliness, isolation, not giving medication on time, or failure to react to potential danger.

If this behavior is detected, contact a trusted Lawyer for nursing home abuse as soon as possible to prevent further injury to your elderly loved one. Call (844) 971-2949 for justice immediately.

TYPES OF NURSING HOME ABUSE

SEXUAL ABUSE

Many long-term care residents are frail and unable to fight back, which makes them an easy target for sexual abuse. Some conditions make residents more prone to this type of abuse. Residents with dementia and Alzheimer’s diseases are less likely to tell family members about sexual abuse partly because they don’t recall the incident. The perpetrator can be an aid, nurse, staff member, and even a visitor to another resident.

FINANCIAL ABUSE

Skilled nursing home abuse lawyers know that residents who are known to have a substantial amount of money are more likely to be targets of financial abuse.

Signs of this type of abuse are recent revisions to wills and other legal documents, withdrawals from bank accounts, stealing of belongings or cash, delaying bill payments, and cashing checks without consent. If you suspect these actions, contact a nursing home abuse lawyer with evidence as soon as possible.

PHYSICAL ABUSE

Hitting

Kicking

Pushing

Excessive restraining

Force-feeding

Overmedicating

Improperly restraining

EMOTIONAL ABUSE

Yelling

Abusive language

Intimidation

Manipulation

Isolation

Bullying

Harassment

COMMON SIGNS OF NURSING HOME ABUSE

Bruises

Cuts

Bedsores

Broken bones

Dehydration

Moodiness

Social withdrawal

Weight Loss

Poor hygiene

EXAMPLES OF NURSING HOME NEGLIGENCE

NEGLIGENT HIRING

Long-term care facilities are required to hire staff members who are educated in this field, meet the state and federal requirements, and pass a background check. If a resident is injured by a staff member who wasn’t adequately educated or has a criminal record and wasn’t given a background check, the facility can be held liable. An experienced nursing home negligence lawyer can help hold them accountable.

UNDERSTAFFING

It isn’t uncommon to find an understaff nursing lawyer are required to have a certain staff-to-patient ratio and if this ratio is not met, the care of patients can decline. Any trusted nursing home negligence lawyer understands that this can lead to medication errors, as well as other forms of neglect.

LACK OF TRAINING

Knowledgeable nursing home negligence lawyers know nursing home facilities are required by law to properly train their staff. If a patient is injured due to inadequate training, the nursing home can be held liable. It’s the nursing home’s responsibility to train staff members on how to administer medication properly and how to handle unruly patients.

CAUSES OF NURSING HOME ABUSE

BURNOUT

Our nursing home abuse attorney handle plenty of cases where burnout is the cause of abuse. Unfortunately, overworked staff can lead to burnout, which then results in neglect and, in some cases, abuse.

FOR PROFIT BUSINESS STRUCTURE

About 70% of nursing homes are for-profit, according to the Centers for Disease Control and Prevention (CDC). Skilled nursing home lawyers understand the complexity this can bring. When a nursing home is for-profit, it affects financial decisions, such as hiring staff and maintaining the facility. Some of the for-profit facilities are focused on making money and less on the care of the residents. In a report by the journal Gerontology, it was found that nearly twice as many residents in for-profit nursing facilities suffered health issues. These health issues are mainly due to poor care.

LACK OF SUPERVISION

If the nursing home management team doesn’t have high standards in place – as well as accountability measures – problems can easily arise. Irresponsible staff members assume they can get away with mistreating or neglecting residents. This type of environment can lead to continued abuse and neglect because there aren’t any consequences in place.

Nursing Home Reform Act (NHRA)

The Nursing Home Reform Act was passed in 1987. Under this act, nursing homes that participate in Medicare and Medicaid are required to meet specific rights outlined in (42 CFR Part 483, Subpart B). Below are the Nursing Home Residents’ Bill of Rights under the (NHRA).

Ask A Nursing Home Abuse Lawyer: Nursing Home Residents’ Bill of Rights

✓ The right to live in a caring environment free from abuse, mistreatment, and neglect
✓ The right to live without the fear of enduring physical restraint
✓ The right to privacy
✓ The right to receive personal care that accommodates physical, medical, emotional and social needs
✓ The right to social contact and interaction with fellow residents and family members
✓ The right to be treated with dignity
✓ The right to exercise self-determination
✓ The right to use freedom of speech and communicate freely
✓ The right to participate in the creation and review of one’s individualized care plan
✓ The right to be fully informed in advance of any changes to care plan or status of the nursing home
✓ The right to voice grievances without discrimination or reprisal

If you believe your loved one’s rights are being violated, you may have the right to legal action. With a nursing home lawyer on your side, you could hold the nursing home accountable. The Mike Hostilo Law Firm will advocate on your loved one’s behalf, so contact an experienced nursing home lawyer today!

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Nursing Home Abuse Cases - Frequently Asked Questions

What are the signs of nursing home abuse or neglect?

Signs of nursing home abuse or neglect may include unexplained injuries, bedsores, malnutrition, dehydration, unexplained weight loss, changes in behavior, emotional withdrawal, poor personal hygiene, and staff members refusing access to your loved one.

How much does it cost to hire a Nursing Home Abuse lawyer?

Many Nursing Home Abuse lawyers work on a contingency fee basis, meaning they are only paid if you win your case. Their fees typically range from 33% to 40% of the settlement or award, making it an affordable option for pursuing a case.

Can I sue a nursing home for abuse or neglect?

Yes, you can sue a nursing home for abuse or neglect if you can demonstrate that they were negligent in their care and that this negligence led to your loved one's harm. Nursing homes have a legal duty to provide a safe and comfortable environment for residents.

What qualifications should I look for in a Nursing Home Abuse lawyer?

When choosing a Nursing Home Abuse lawyer, consider qualifications such as experience in nursing home abuse cases, a successful track record, strong communication skills, and a fee structure that aligns with your needs.

What is the statute of limitations for nursing home abuse cases?

The statute of limitations for nursing home abuse cases varies by state and can range from one to four years. It's crucial to consult with an attorney promptly to determine the specific time limit in your jurisdiction.

What evidence is needed to prove nursing home abuse?

To prove nursing home abuse, important evidence includes medical records, photographs of injuries, witness statements, staff records, incident reports, and expert testimony. Your attorney will work to demonstrate that the abuse occurred due to the nursing home's negligence.

Can family members sue for Nursing Home Abuse on behalf of a loved one?

Yes, family members can sue for Nursing Home Abuse on behalf of a loved one if they have power of attorney or legal guardianship. In cases of neglect or abuse, family members often act as advocates for their loved ones.

What should I do if I suspect nursing home abuse?

If you suspect nursing home abuse, take the following steps:

- Ensure your loved one's immediate safety.
- Document any signs of abuse or neglect with photographs and notes.
- Report your concerns to the nursing home's administration and regulatory agencies.
- Consult with a Nursing Home Abuse attorney to explore legal options and protect your loved one's rights.

Is it necessary to hire a Nursing Home Abuse attorney for a case?

While it's not always necessary to hire a Nursing Home Abuse attorney, having legal representation can significantly strengthen your case. Attorneys can navigate complex legal processes, gather evidence, and advocate for the best interests of your loved one, increasing the likelihood of a successful outcome.

What is the average settlement amount for nursing home abuse cases?

The average settlement amount for nursing home abuse cases can vary widely depending on the specifics of each case. Settlements may range from thousands to millions of dollars, depending on the severity of the abuse, the extent of harm, and other factors.

What qualifications should I look for in a Nursing Home Abuse attorney?

Qualifications to look for in a Nursing Home Abuse attorney include experience in nursing home abuse cases, a strong track record of success, good communication skills, and a fee structure that aligns with your needs. An attorney with these qualifications is better equipped to handle your case effectively.

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