Moncton Nursing Home Abuse Lawyers

Legal Support for Families Facing Nursing Home Abuse

Choosing to place your loved one in a nursing home can be one of the most challenging decisions a family may ever have to make. Unfortunately, many nursing home facilities do not abide by their legal obligations, and residents suffer various forms of neglect and abuse.

Although often families are hesitant to pursue legal action, in many cases, filing a claim is the only way to hold liable parties accountable for their actions. If your loved one has suffered an injury or other forms of nursing home abuse, contact our lawyers immediately. Professional legal support is critical when filing a claim. Our Moncton nursing home abuse lawyers have extensive experience protecting the rights of residents and their families.

What are the Potential Warning Signs of Nursing Home Abuse and Neglect?

Nursing home abuse can take many forms, with many victims suffering severe or life-threatening injuries. One of the best ways to protect your family member is to know the signs of abuse and act immediately.

Common Types of Nursing Home Abuse

Some of the most common types of nursing home abuse include:

Physical abuse: Physical abuse consists of someone intentionally harming a resident through the use of physical force and often leads to victims suffering injuries that can lead to further health problems or even death
Sexual abuse: Sexual abuse is any non-consensual activity perpetrated on residents and can involve unwanted touching, groping, or forced exposure to pornographic materials
Emotional abuse: Intentional acts that cause residents to suffer emotional distress and often include staff or others belittling, threatening, or mocking patients’ disabilities
Medical abuse: Failure to provide necessary medical care or treatment, including not giving residents their medications, failing to render aid when injured, or delaying healthcare treatments

Recognizing the Signs of Neglect

Abuse victims are often hesitant to report abuse because they fear retaliation. You must be able to recognize signs of neglect so you can take appropriate action. Some of the most common red flags include unexplained injuries, chronic bedsores, emotional withdrawal, poor hygiene, and untreated medical issues that are readily apparent. Early detection of abuse can help prevent further physical or emotional trauma.

Can Our Family File a Lawsuit for Nursing Home Abuse?

If your loved one has been abused, you are most likely feeling angry and want justice for your family member. Several legal options may apply to your case, so it is best to consult a lawyer who can explain your rights and take appropriate action.

When and How to File a Lawsuit

New Brunswick law dictates that families can pursue legal action if their loved one was harmed due to neglect or abuse. Nursing homes are subject to a legal standard of care that they must meet. If they breach their duty, it may be appropriate to file a lawsuit to hold them accountable for their actions.

If you are considering filing a lawsuit, you must consult an experienced lawyer who will work to gather critical evidence that supports your claim. After gathering sufficient evidence, your lawyer will file a Notice of Action with the Court of the Kings Bench of New Brunswick. The documents provided in the civil lawsuit will provide an account of the abuse and damages suffered by the victim and a legal basis for why the claim should proceed.

Proving Negligence and Building a Strong Case

To win a nursing home abuse lawsuit, you will need solid evidence that proves negligence. Critical evidence includes:

Detailed medical records that document injuries or changes in the victim’s mental health that could be indicative of abuse or neglect, such as nursing logs or injury reports that substantiate the lawsuit
Witness statements from family, staff, visitors, or other residents who observed the abuse
Expert opinions rendered by elder abuse specialists, physicians who specialize in geriatric care, forensic accountants, and mental health professionals who can attest that the victim suffered abuse

What is the Role of Moncton Nursing Home Abuse Lawyers?

Moncton nursing home abuse lawyers play a key role in holding liable parties accountable for their actions or inaction. Nursing homes and their insurers typically have highly trained legal teams that seek ways to protect their reputations and minimize the risk of paying claims.

How Lawyers Support Victims and Families

Lawyers help to support victims and their families by pursuing legal action to recover compensation for medical expenses and other related damages. Your lawyer will thoroughly investigate the abuse to build a solid case that withstands legal scrutiny. When you hire a lawyer, they will act as your legal representative and communicate with the facility on your behalf, and ensure that you and your family member understand your rights throughout the legal process.

Choosing the Right Legal Team

When seeking justice for your loved one, you must choose the right legal team that has comprehensive experience handling nursing home abuse cases. You are advised to seek qualified legal representation that has a proven track record of winning nursing home abuse cases, is empathetic, and has access to expert services, enabling them to build a robust case.

What Steps Should Our Family Take After Suspecting Abuse?

If you believe your family member may be a victim of abuse, your first step should be to contact the nursing home authorities to report the mistreatment. Nursing home staff are mandatory reporters and are legally obligated to report suspected abuse. Depending on the situation, you can also contact the police and consult a lawyer to discuss your legal options.

Reporting Nursing Home Abuse

Nursing home residents have legal protections granted to them under the Protection for Persons in Care Act. If you suspect abuse, there are specific steps that you must follow, which include notifying the appropriate authorities within the nursing home. You may also call the Department of Seniors and Long-term Care’s telephone number or website to report abuse. When reporting the mistreatment, you can request that they conduct an official investigation into the matter.

If you believe a crime has occurred, you may also notify the police, who can help you file a report. After you have reported the suspected abuse, you should also consult with a lawyer who can advise you of your legal options.

Gathering Evidence to Support Your Case

Gathering evidence is critical when you suspect nursing home abuse. The more evidence you have, the greater the chance you will have of holding the responsible parties accountable. Some key things to remember when gathering evidence include:

Take photos and videos of the abuse, including injuries, unsanitary conditions, or harmful behavior by staff
Seek medical evaluations that provide legal documentation regarding your loved one’s injuries or mental health
Keep a detailed log with the times, dates, places, and names of staff or others who may have participated in the abuse, and those who witnessed it
Obtain nursing logs and medical records that document injuries and trips to the hospital
Obtain bank and credit card statements if you suspect financial abuse

You can never have too much evidence when pursuing a lawsuit alleging nursing home abuse. Nursing homes will do everything in their power to avoid negative publicity and have skilled legal teams that will seek ways to blame the victims.

What is Important to Know About Financial Compensation in Nursing Home Abuse Cases?

The primary goal in a nursing home abuse case is to ensure that those responsible for your loved one’s injuries suffer legal consequences. A proven legal advisor can assist you in seeking compensation for damages and ensure you receive a settlement that provides critical financial resources for further care.

What Types of Compensation Are Available?

As with any personal injury case, any financial compensation that may be awarded is based on the facts involved. Some of the most commonly awarded damages in nursing home abuse cases include:

Medical expenses, including ongoing care
The cost of relocation
Lost wages
Pain and suffering
Emotional trauma

Settlement vs. Trial

Most nursing home abuse cases are settled out of court through negotiations between lawyers and the insurers. Settling out of court has several advantages, including being able to receive a settlement more quickly rather than pursuing time-consuming litigation.

Nursing home abuse cases settled out of court have significantly shorter wait times than those that are slated for trial. Agreeing to a settlement offer also allows a victim and their family to have greater control and avoid the uncertainty of going to court. However, if the insurance company is unwilling to negotiate a fair settlement, the case will proceed to trial for resolution.

Call Our Moncton Nursing Home Abuse Lawyers Today

No one deserves to be abused, and nursing homes must be held to a higher standard to ensure others are not injured or mistreated. If you suspect abuse, contact our Moncton lawyers immediately so we can help you protect your loved one and ensure accountability.

NOVA Injury Law is dedicated to protecting those who cannot advocate for themselves. Contact our law firm today at 1-800-262-8104 to schedule a free consultation, and we will begin working on your case.