Bedford Nursing Home Abuse Lawyers

Deciding to place your loved one in a nursing home can be one of the most challenging tasks you’ve ever had to make. When families choose nursing homes for their loved ones, they trust that the facility will provide quality care and meet their needs. Sadly, many nursing homes or other long-term care facilities fail to care for their residents properly, often leading to severe injuries or death.

NOVA Injury Law is a Bedford law firm dedicated to helping nursing home abuse victims and their families receive the fair treatment they deserve. If you or a loved one has suffered abuse, contact our law office immediately to schedule a complimentary consultation so we can determine your legal options.

What are Some Common Forms of Nursing Home Abuse?

Nursing home abuse can take many forms and have devastating effects on victims. Although there are many forms of abuse, even one incident is too much, and a nursing home must be held accountable for its actions or inactions.

Some of the most common types of abuse include:

Physical Injuries

Nursing home residents are often victims of physical trauma that causes them to suffer injuries. Common physical injuries include unexplained bruises, broken bones, brain and spinal cord injuries, or concussions.

Neglect

The nursing home facility fails to meet the victim’s basic needs for medical care, food, or proper hygiene. Common signs of neglect include bedsores, malnutrition, or the victim being forced to lie in unsanitary conditions. Neglect can also include failing to give medication or errors that jeopardize the resident’s well-being.

Sexual Abuse

Some of the most vulnerable patients, like those with dementia and Alzheimer’s, are often the victims of sexual abuse. Sexual abuse includes any unwanted form of touching, groping, or unwanted contact. Signs of sexual abuse may include sexually transmitted diseases, along with unexplained bruises and scratches. 

Psychological or Emotional Abuse

Psychological or emotional abuse can take many forms and may include staff members insulting residents by making negative comments about their appearance, intelligence, or disabilities. Common signs of psychological or emotional abuse can include the victim suddenly withdrawing from others or feeling depressed. 

Financial Exploitation

Financial abuse may include stealing a resident’s cash, checks, or credit cards for their use. Financial exploitation can also include misusing a resident’s power of attorney to change the will in their favor. Signs of financial abuse can include missing funds and unexplained purchases.

What Steps Can Our Family Take if We Believe Our Loved One is Being Abused?

If you suspect your loved one is being abused in a nursing home, your first step should always be to ensure their safety. If your loved one has suffered physical abuse and is injured, contact 911 to report the incident and then seek medical attention immediately. A trained healthcare professional can thoroughly evaluate your family member and provide medical documentation detailing their injuries. Consider relocating your family member to another facility, if possible, to ensure their safety.

Gather Evidence Immediately

Families of nursing home abuse victims should always weigh their legal options carefully and make a decision based on what is in the best interest of their loved ones. After learning your loved one has been mistreated by a nursing home or care facility, you must also gather evidence that supports your allegations.  Take numerous photos and videos of your family member’s injuries, unsanitary conditions, or document behavioural changes they may be experiencing. 

Should We Pursue Legal Action Against the Nursing Home?

Many families are hesitant to pursue legal action against nursing homes due to fear of retaliation or fear of the emotional toll it could take on their loved ones. However, often the only way to hold negligent parties accountable for their actions is to file a claim or lawsuit to recover compensation.

After ensuring your loved one’s safety and gathering evidence of abuse, contact a local Bedford nursing home abuse lawyer who can assist you with your legal needs. A knowledgeable lawyer can determine your options and help you take legal action if appropriate. 

What Legal Elements Must Be Present to Sue for Nursing Home Abuse?

It is not enough to believe that your loved one has been injured due to negligence or nursing home abuse. In Nova Scotia, several legal elements must be present to win a nursing home abuse case. The order of these elements includes:

• Standard of Care: All nursing homes have a legal responsibility to provide a reasonable standard of care to their residents. Under the law, a reasonable standard of care includes protecting the residents from harm and attending to their medical needs and physical care
• Breach of Duty of Care: The nursing home or care facility breached its duty of care by failing to provide reasonable care, such as not properly caring for a resident’s nutritional needs or administering incorrect medication
• Causation: The breach of the duty of care must have directly caused the victim’s injuries. Individuals pursuing compensation claims must be able to provide clear and convincing evidence that the nursing home’s actions or inactions caused the resident harm.
• Damages: The nursing home resident must have suffered actual damages or harm as a result of the breach of care. Damages can include medical expenses, financial losses, or emotional trauma

Due to the legal complexities involved with proving negligence, it is best to allow an experienced Bedford nursing home lawyer to handle your case. A lawyer will review the facts involved and determine liability, as well as the best legal strategy to achieve maximum results. 

Who Can Be Held Liable for Nursing Home Abuse?

Under Nova Scotia law, several entities can be held liable for nursing home abuse and would be responsible to pay the victim damages for the harm they have suffered. One of the most significant benefits of hiring a nursing home lawyer is their ability to determine liability issues and file a claim to recover compensation. 

Nursing Home Facility

In most nursing home abuse cases, the facility is usually held responsible for a resident’s injuries. Nursing homes and other long-term care facilities have a legal obligation to ensure the safety of their residents. They can be found liable even if the owners or administrators claim to have been unaware of the abuse. Nova Scotia’s Protection for Persons in Care Act stipulates that nursing homes have a legal obligation to report alleged or suspected abuse; failing to do so can result in severe penalties and fines. 

Staff Members

Although the nursing home facility is generally held liable for abuse cases, staff members who have been actively participating in the abuse can also be held accountable. The Adult Protection Act also requires that anyone who knows or suspects nursing home abuse must report it to the appropriate authorities. It should also be stated that any act of abuse against a nursing home resident is also subject to criminal charges.

Depending on the unique facts of the case, other residents or visitors may also be liable for harm or abuse. Because every case is different, you must consult a nursing home abuse lawyer immediately, who can determine multiple liability issues. 

What Kind of Compensation is Awarded in Nursing Home Abuse Cases?

Our most vulnerable population should never have to experience nursing home abuse. However, when it occurs, nursing homes and staff members must be held accountable. 

Some of the most common damages recovered in nursing home abuse cases include compensation for:

• Medical expenses
• Reimbursement for financial abuse
• Pain and suffering
• Emotional trauma
• Loss of enjoyment of life

Suppose the abuse led to your loved one’s death. In that case, you may file a wrongful death lawsuit to recover compensation for funeral and burial expenses, medical bills, loss of support, pain and suffering, and loss of guidance and care, to name a few. 

Although Nova Scotia allows injury victims up to two years to file a compensation claim, you must act immediately. As in all personal injury cases, evidence can quickly disappear, and witnesses are often tricky to locate, making it more challenging to build a solid case. In fatality cases, you only have one year to file a claim. 

Call Our Bedford Nursing Home Abuse Lawyers Today So We Can Protect Your Loved One

If your loved one has suffered nursing home abuse, you are probably feeling angry and unsure where to turn for help. NOVA Injury Law is a Bedford law firm that is passionately committed to helping families recover fair compensation for the harm their loved one has suffered. Our highly trained nursing home abuse lawyers have comprehensive experience helping families receive the justice they deserve. 

Contact our law firm today at 1-800-262-8104 to schedule a free consultation, and we will begin working on your case.