Bridgewater Nursing Home Abuse Lawyers
Holding Nursing Homes Accountable for Your Loved One’s Injuries
Nursing homes have a legal obligation to take care of their residents and keep them safe from harm. Sadly, many nursing homes and other long-term care facilities fail to meet their legal obligations. Many residents suffer physical and emotional injuries that can have a devastating effect on their lives. Nursing home abuse victims or their families have the right to pursue financial compensation for injuries and other damages. However, filing a nursing home claim can be overly complex and requires the help of a skilled injury lawyer.
NOVA Injury Law is dedicated to helping Bridgewater nursing home abuse victims receive the compensation and justice they deserve. If you or a family member has suffered abuse, contact our law firm today to schedule a complimentary consultation so we can determine your legal options.
Why Does Nursing Home Abuse Occur?
Nursing home abuse can happen in any long-term care facility. Still, it can become more rampant if there is a culture among staff and administrators that looks the other way instead of reporting misconduct.
- Understaffing: In many instances, nursing homes are understaffed, resulting in employees being overworked. Employees are often forced to work double shifts, become tired and overwhelmed, and are easily irritated with residents
- Employee Burnout: Employees can quickly experience employee burnout when they are overworked or are forced to deal with poor working conditions or the intense psychological toll of working with nursing home residents
- Lack of Proper Oversight: Many nursing homes lack proper oversight and fail to establish protocols that prevent abuse and neglect. As time goes on, this environment leads to more abusive behavior that is left unchecked
- Insufficient Training and Lack of Experience: Many nursing homes fail to provide proper training when hiring staff members. Insufficient training not only can lead to residents suffering severe injuries, but also to an abusive environment as workers follow the example of their co-workers.
Other commonly cited factors that can contribute to nursing home abuse include low wages, poor morale, and dealing with residents who have severe disabilities. Residents who have dementia and Alzheimer’s are the most vulnerable to abuse.
What are the Warning Signs of Nursing Home Abuse?
Unfortunately, nursing home abuse occurs more frequently than many families realize, and it is essential that you can spot the signs of abuse. It is essential to remember that although physical injuries such as fractures or bruises can indicate abuse, other warning signs should not be ignored.
- Emotional abuse: Emotional abuse can include staff members belittling or threatening residents. Indicators of emotional abuse may include unusual changes in behavior, withdrawal from others or activities, depression
- Neglect: Failure to provide essential care, such as providing food, medication, and poor hygiene practices, is considered neglect. Warning signs include untreated bedsores, solid linens, dehydration, or malnutrition
- Sexual abuse: Sexual abuse is any unwanted touching or groping. Red flags that can indicate abuse include unexplained STDs, bleeding, or irritation in the genitals
- Financial abuse: Financial abuse is the misuse of a resident’s finances or assets for personal gain. Tell-tale warning signs include unexplained charges on debit or credit cards, theft of a resident’s valuables, or forging signatures on legal documents
If you suspect abuse, keep a thorough written log detailing injuries, dates, times, and places where the suspected mistreatment occurred.
What Legal Steps Can I Take if I Suspect a Nursing Home Is Abusing My Family Member?
Nursing home residents are safeguarded against abuse under Nova Scotia’s Protection for Persons in Care Act. If you or a loved one is being abused, you can call Nova Scotia 211 to report the abuse. Another option is to report the incident to the appropriate nursing home authorities. Staff members are mandatory reporters and have a legal and ethical obligation to report all instances of abuse.
However, in situations where someone is actively being abused or has suffered severe injuries, call the police immediately. If the resident is injured, have a medical professional treat them immediately. Be sure to keep all paperwork, as this will serve as legal documentation of their injuries. If it is not safe for the victim to return to the nursing home, explore other options such as transferring them to another facility or, if possible, perhaps allowing them to stay with you until you can find a safe place.
Seek Legal Representation
After you have ensured that your loved one is safe, contact an experienced nursing home abuse lawyer who will advise you of your next steps. Depending on the facts involved, a lawyer can determine if you can take legal action against the facility. You must bring any relevant evidence or documentation you may have when meeting with a lawyer so that they can make an accurate assessment of the case.
Why is it Best to hire a Nursing Home Abuse Lawyer to Help File a Claim?
As with any legal issue, it is always best to hire a skilled lawyer to assist with filing an abuse claim. A nursing home abuse lawyer understands the legal intricacies involved with filing claims and what it takes to prove negligence. Unlike other personal injury cases, nursing home abuse lawyers are familiar with the regulations and laws meant to protect residents from being mistreated.
Initiation of the Investigation Process
Your lawyer will also explain the complex legal process involved with investigating the alleged abuse and what evidence is needed to proceed with filing a claim. Lawyers have the legal and financial resources necessary to gather critical evidence such as medical records, facility logs, photos, and videos of injuries or other instances of abuse, and witness testimony.
Determining Legal Responsibility
One of the most critical components of a nursing home abuse claim is determining liability. Liability in nursing home abuse cases can include administrators, staff, or the company that owns the facility.
Increased Chance of Success
One of the most significant benefits of hiring a nursing home abuse lawyer is the increased chance of obtaining compensation. Statistics show that families who hire experienced lawyers have a greater chance of obtaining compensation than those who choose to handle their cases independently. A nursing home abuse lawyer is experienced in dealing with insurance companies and their legal teams and knows what it takes to obtain favorable results.
What Type of Compensation Can Families Recover in Nursing Home Abuse Cases?
Families of nursing home abuse victims can file compensation claims to try to recover economic and non-economic damages for harm their loved one has suffered. Because insurance companies often try to delay, deny, or reduce claims, it is always best to hire an experienced injury lawyer to assist you with filing a claim.
Economic Damages
Economic damages are compensation for financial losses, which may include:
- Past and future medical expenses
- Lost wages, even if the victim was not working at the time the abuse occurred
- The cost of moving the victim to a new facility
- Financial losses incurred due to the unauthorized use of funds
Non-Economic Damages
Non-economic damages are intended to compensate victims for intangible losses and are awarded based on the specific circumstances of each case. Non-economic damages often include:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
In some instances, a nursing home may be ordered to pay punitive damages if it can be proven that the liable party acted with egregious or malicious intent. However, punitive damages are intended to punish the wrongdoer and deter others from repeating the same behavior.
Contact our Bridgewater Nursing Home Abuse Lawyers Today to Schedule a Free Consultation!
When you come to NOVA Injury Law for help, our nursing home abuse lawyers will carefully evaluate all of the factors involved in the case to determine how much your claim is worth. Our legal team will take into account the money that has been or may be spent on medical bills, the emotional toll the abuse took on your loved one’s mental health, and other accident-related damages.
Our lawyers have comprehensive experience negotiating with nursing homes and their insurance companies to obtain full and fair compensation for your case. Suppose the nursing home and insurer are unwilling to offer a fair settlement. In that case, your lawyer will take further legal action and file a lawsuit to ensure the liable parties are held accountable for their actions. Our law firm is passionately committed to helping families of nursing home abuse victims receive the peace of mind and 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.
