Nursing homes throughout the country are understaffed and filled with residents. Due to these conditions, many residents are neglected, receive substandard care, suffer from dehydration and malnutrition – or worse, they die because of their mistreatment.
Some nursing homes are forced to hire anyone that applies whether they would pass a background check or not. Some of the hires in a nursing home not only neglect their residents, but outright subject them to physical, sexual, or emotional abuse.
If you have a loved one in a local nursing home and you suspect that they are the victim of neglect or outright abuse, consulting an attorney is best. An injury attorney well-versed in nursing home abuse and neglect laws can be an asset in your family’s time of need.
How Common Is Nursing Home Abuse or Neglect in Louisville Homes?
According to one study performed by the Special Investigations Division of the House Government Reform Committee, approximately 30 percent of nursing homes registered in the United States (which comes to about 5,200 facilities) were cited for abuse.
In those cases, 1,601 incidents of abuse were so serious it caused harm to the resident and put them at risk for death or severe injury.
In a two-year period, which spanned from January 1999 to January 2001, there were 9,000 cases of abuse – all of which are preventable.
The most common neglect and abuse issues found were:
- Inadequate medical care
- Malnutrition and dehydration
- Untreated bedsores
- Preventable accidents
- Poor sanitation and hygiene
In some of these cases, nursing home staff were punching, slapping, kicking, and even choking residents. Several nursing homes had staff members who were cited for physical and sexual abuse, while others were cited for knowing about the abuse but failing to stop or report it.
Worse, these homes were for-profit businesses, which means they took money from victims and the federal government while still providing subpar care and in many cases abuse.
How an Attorney Helps Victims of Nursing Home Abuse and Neglect
An attorney that works in the abuse and neglect area of personal injury law not only can help you but others in the nursing home. These attorneys are your advocate. They fight for you or your loved one’s rights, and they ensure that you receive compensation and the nursing home is held accountable.
Just some reasons you need a nursing home abuse attorney include:
Identifies Potential Defendants
Sometimes determining the defendant in a nursing home abuse or neglect case is not easy. In cases of abuse, the abuser would be the first defendant but they may not be the only one listed in the claim. The nursing home’s management or owners could be named as well because they negligently hired someone who abused their residents or failed to remove that person from their staff when abuse was suspected.
An experienced attorney knows how to go through the chain and find every person liable for your loved one’s abuse – ensuring you receive maximum compensation.
You might face red tape when collecting evidence for an abuse or neglect case, but your attorney has dealt with this red tape and knows how to bypass it. They will gather hiring records, inspections by the state, and even interview employees to prove your claim.
Serves as a Guide for Understanding Your Rights and Obligations under the Law
The area of nursing home abuse and neglect is complicated, and you may be unaware of what rights the state provides you or your loved one as victims. Your attorney will explain to you your rights, including potential compensation you could receive, how long you have to file your claim, how to file your claim, and what to expect if your case goes to trial.
Provides Expert Witnesses
Your attorney will have expert witnesses ready to testify in court or during depositions to prove your case. These include medical professionals, inspectors, former members of the state’s health department, and other industry professionals who can share their expert opinion on the case and prove that neglect or abuse exists.
Negotiates for a Fair Settlement
One important way a nursing home abuse attorney helps is that they know how to negotiate with the insurance companies representing the nursing home, attorneys working for the nursing home, and other third parties involved.
They use the evidence and their negotiation skills to ensure you receive compensation that covers your losses, including pain and suffering.
Holds Nursing Homes Accountable and Prevents Abuse or Neglect in the Future
Most importantly, your attorney holds the nursing home, abusers, and negligent staffers responsible for you or your loved one’s injuries. Furthermore, they ensure that the state is notified, inspections and corrections made, and can deter not only future incidents at the same nursing home but other nursing homes in the area.
Do You Suspect Nursing Home Abuse? Contact an Attorney Immediately
If you suspect that your loved one is being abused or you are the victim of abuse in a nursing home, you need an attorney who has the experience with these types of cases to help.
Contact attorney Seth Gladstein from the Gladstein Law Firm, PLLC.
I have been helping victims and their families seek justice for neglect and abuse in nursing homes, and I will aggressively fight for the compensation you deserve.
While no amount of money makes up for the physical and emotional trauma you have experienced, I will make sure nursing homes are held accountable for abuse and substandard care and help you seek justice.
Contact me for a free consultation at 502-855-4177 or request more information online.