Legal Help for Nursing Home Abuse
Over 40 million people aged 65 and over live in the U.S., and more than 20% of the population of the country is expected to be senior citizens by 2030. This means increasing numbers of people are being placed in nursing homes. While many nursing homes dignify their residents, abuse by the caregivers remains a major problem for elderly residents:
More than 40% of residents in a nursing home have reported abuse or neglect;
A Cornell University study found that there were only one out of 25 cases reported;
The same study found that over half of nursing workers admitted to abusing or neglecting a resident at some point.
Nursing Home Abuse – Reasons to Call a Personal Injury Attorney in OKC
Here are the categories –
Physical abuse: look for explicit injuries such as contusions and broken bones
Emotional abuse: the signs include fearful behavior, anxiety, unexplained mood and changes in personality and social withdrawal
Financial abuse: seek out unclear financial transactions, missing assets, and changes in the financial situation of your relative.
Failure to respect — Eldery people must be treated with dignity and respect. You should be permitted to decide what and when you do things like eat and sleep, without coercion.
Restraints – Older adults should not be restrained for convenience or punishment either physically or medically such as by using drugs.
Fear – The elderly residents may complain or raise issues, without fear of retaliation, to nursing staff or management.
Neglect and Abuse – Differences
The difference between neglect and abuse is the intention of the faulty party. Neglect is often a symptom of other nursing problems, such as under-employment and poor personnel training. However, this does not make your loved one's treatment acceptable or any less harmful.
Signs of Negligence include:
How to File Lawsuit against Negligence
If you suspect that your loved one was abused or neglected, your first step is to hire a lawyer. Handley Law Center’s personal injury attorney in OKC will examine your claim and all supporting records. If the case has merit, we will file the proceedings on behalf of your loved one.
Next is the discovery process. We will ask for documents and testify, and the lawyers representing the nursing home will do likewise. Following discovery, the lawsuit may enter into mediation, a process that our lawyers attempt to negotiate a settlement with the nursing home. If the nursing home offers are unacceptable, we may move to court.
How Can an Attorney Help?
If you or somebody close to you has been abused in a nursing home, you should discuss your case with an attorney for ensuring your rights are completely upheld. Your attorney can explain your expectation in each step of your case and act on your behalf–researching the law, interviewing testimonies, gathering documents, providing expert advice, planning legal strategies, and negotiating with the insurer and counsel–all to improve your position and chance for success.
Contact Your Attorney
There are many routes you can follow when deciding how to handle a potential issue of nursing home abuse. First, make sure that your loved one is safe and that the right authorities have been notified of any suspected abuse or neglect. Next, in your city or state, you want to know the law and any claims that can be made against the responsible party. Learn more today through contacting our personal injury attorney in OKC.
** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.