As we age, nursing homes become a necessary part of our lives. They provide a safe and secure environment for disabled and elderly people who can’t look after themselves. However, in some cases, nursing homes fail to meet their responsibility of providing proper care and neglect or abuse their residents. If you or a loved one has been injured due to nursing home abuse or neglect, you may be entitled to compensation for your injuries. In this article, we will discuss the ways to pursue a personal injury claim against a nursing home.
Table of Contents
Understanding Nursing Home Abuse and Neglect
Nursing home abuse can take many forms, ranging from physical, emotional, sexual abuse to financial exploitation. Physical abuse includes hitting, slapping, pushing, restraining, and other forms of violence. Emotional abuse can take the shape of threats, intimidation, gaslighting, and other forms of psychological manipulation. Sexual abuse involves any non-consensual sexual behavior, such as touching, groping, and rape. Financial exploitation includes theft, fraud, and misuse of a resident’s money or assets.
Nursing home neglect occurs when the nursing home fails to provide adequate care to residents, resulting in harm or injury. Common forms of neglect include ignoring residents’ complaints or needs, failing to provide medication on time, not maintaining proper hygiene, and failing to prevent bedsores or infections.
What to Do If You or Your Loved One Has Been Injured Due to Nursing Home Abuse or Neglect?
If you suspect that you or your loved one has been injured due to nursing home abuse or neglect, you should take immediate action to prevent further harm. Here are some steps you can take:
Report the abuse or neglect to the nursing home’s administration and file a complaint with the state licensing agency.
Keep detailed records of the harm or injuries, including photographs and medical documents.
Consult with an experienced elder abuse attorney who can help you determine if you have a valid personal injury claim.
Seek medical attention to treat any injuries and address the emotional impact of the abuse or neglect.
Pursuing a Personal Injury Claim
If you or your loved one has been injured due to nursing home abuse or neglect, you may be entitled to compensation for your injuries. Here are the steps to take to pursue a personal injury claim against a nursing home:
Hire an experienced personal injury attorney who has experience in nursing home abuse cases.
The attorney will investigate your case and determine if there is sufficient evidence to prove that the nursing home is liable for your injuries.
The attorney will work with you to gather evidence, such as medical records, witness statements, and expert testimony, to build a strong case.
The attorney will negotiate with the nursing home’s insurance company to reach a settlement for your injuries or take the case to court.
If the case goes to trial, the attorney will present your case before a judge and jury and argue for compensation for your injuries.
Compensation for Injuries
If you or your loved one has been injured due to nursing home abuse or neglect, you may be entitled to compensation for a variety of damages, such as:
Medical expenses, including hospital bills, medication costs, and ongoing medical treatment.
Pain and suffering, including physical and emotional distress caused by the abuse.
Loss of earning capacity, if the injuries prevent you or your loved one from working.
Punitive damages, if the nursing home’s actions were particularly egregious or malicious.
Wrongful death damages, if a loved one died due to nursing home abuse or neglect.
Conclusion
If you or a loved one has been injured due to nursing home abuse or neglect, you have the right to seek compensation for your injuries. By hiring an experienced personal injury attorney, you can hold the nursing home accountable for their actions and recover the compensation you deserve. Remember to report any suspected abuse or neglect to the nursing home administration and file a complaint with the state licensing agency.