Thursday, March 30, 2017

How To Determine If You Need A Nursing Home Abuse Lawyer

How To Determine If You Need A Nursing Home Abuse Lawyer

As a nursing home resident, just as any other citizen, you have a right to be treated with respect, receive proper medical care, be free from abuse and neglect, get proper privacy, and spend time with visitors, just to name a few. When these rights are neglected or abused by an employee of the nursing home or another resident, you may consider contacting a Nursing Home Abuse Lawyer for immediate assistance.

Under federal law, a nursing home must protect and encourage the rights of each resident. When these rights are violated, the nursing home can be held responsible for the conduct of their employees in addition to other negligent behavior that may have lead to the abuse or permitted the abuse to happen.

Often, under staffing leads to nursing home abuse. In fact, studies show that at least 1/4 of nursing homes had a lack of qualified staffing that caused injury to residents or put them at risk for serious harm or death. Nursing home abuse can occur in various ways, including psychological or emotional abuse, physical abuse, sexual abuse, financial exploitation, neglect, and abandonment.

Psychological or Emotional Abuse - Psychological or emotional abuse takes place when a nursing home employee does something to create emotional or mental suffering on a nursing home resident.

Physical Abuse - Physical abuse occurs when threatened, or physical harm is caused to a nursing home resident, or there is a lack of basic essentials.

Sexual Abuse - Sexual abuse occurs when there is a sexual contact of any type without the nursing home resident's consent.

Financial Exploitation - Financial exploitation occurs when a nursing home employee unlawfully misuses, takes, or hides the property, money, or assets of a nursing home resident.

Neglect - Neglect occurs when a nursing home resident is deprived of the care and medication required by a nursing home. This failure to provide adequate care or medication can lead to sickness or death. Additionally, Self-neglect occurs when a nursing home resident displays conduct that threatens her or his safety or health and action to prevent the conduct is withheld.

Abandonment - Abandonment exists when a nursing home employee who has assumed responsibility for the proper care of a nursing home resident, abandons the resident. Some common warning signs of nursing home abuse include:

  • Rapid weight loss
  • Poor personal hygiene
  • Heavy use of medication
  • Fractures or broken bones
  • Frequent illness
  • Depression or low self-esteem
  • Mood swings, anxiety, or withdrawals
  • Unexplained or sudden death
  • Frequent emergency room treatment
  • Injuries sustained from wandering
  • Bruises or injuries sustained from use of restraints
  • Delays in notifying the doctor, family members, or another guardian of resident incidents
  • Caregiver reacts defensively to basic questions concerning the resident's care
  • and more
If you suspect that a loved one is a victim of nursing home abuse or neglect, you have a legal a right to pursue a formal investigation and legal intervention by a Nursing Home Abuse Lawyer to protect the rights of your loved one.

When a loved one makes the transition from the cozy home environment to a nursing home, as a family member, you want to feel confident they will be handled with the care and respect they deserve. If a nursing home has failed to meet the standard of care it owes to each of its residents; it can be held responsible for any neglect, abuse, and other related injuries.

Some common examples of nursing home abuse claims that require contacting a nursing home abuse lawyer include:

  • Neglecting to provide sufficient security for residents
  • Neglecting to sufficiently train staff members
  • Negligent hiring of potentially hazardous or unqualified individuals
  • Failing to provide the necessary food, shelter, water, or medication for residents
  • Neglecting to properly oversee staff, enforce policies and rules against abuse, or to appropriately discipline staff members for violating policies
  • Allowing dangerous or hazardous conditions to exist in the nursing home, leading to injuries, including falls
  • and more
 Best Qualifications for a Nursing Home Lawyer

Nursing home abuse is a serious problem. If you or a loved one has suffered abuse at the hands of a nursing home, it is important to select a Nursing Home Attorney who has decades of experience handling nursing home abuse claims and will not charge a fee for your case unless your settlement or case is won. They will also provide a free consultation to go over the details of your case and advise you on the best way to continue.

Also, it is important to select an attorney who provides understanding and compassion in your time of need and who is dedicated to fighting for the rights of the abused as well as the family.

In the event of a settlement, a qualified attorney will fight to get you a greater amount than what the insurance company offers, and in many cases, as swiftly as possible. 

Additional References


Thomas P. Valet is a top 100 rated NYC Lawyer who specializes in all areas of malpractice, personal injury, and product liability. Learn more by visiting his website at:

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