Nursing home abuse, whether involving neglect or intentional violent acts against a resident, are not something considered “routine.” Even attorneys offering to help victims of these types of cases rarely have experience taking them to trial or representing these victims in settlement negotiations.
Therefore, it is essential that, when you suspect abuse, you go to an attorney that has experience in these types of cases. Experience is critical because an attorney that has handled these cases before not only knows whom to talk to, they also know how to investigate the claims, prove their case, and negotiate with the insurance companies representing the nursing home itself.
Taking on a nursing home abuse case, which runs through civil court, is highly complex. You want a competent attorney who takes your case seriously, has the experience, and most importantly the patience to get the job done. These cases often take time, and one of the biggest challenges for plaintiffs is proving their case while recovering from the trauma of the incident itself.
If you suspect that your loved one is the victim of nursing home abuse, the best thing you can do is prepare yourself for what lies ahead. These cases are emotional, complex, and time-consuming. Therefore, the more you know about the process, how to act, and how you can help, the better the outcome might be.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Tips from a Local Attorney Handling Nursing Home Abuse Cases in Louisville
Attorney Seth Gladstein has represented dozens of clients, just like you, with their nursing home abuse cases. He understands what the law allows and the limitations provided by the statutes. Most importantly, he understands how complex these types of cases can be, especially with the emotions involved.
Here is some insight he offers to family members who are considering taking legal action against a nursing home:
Understand the Different Types of Elder Abuse
Abuse is often thought of as physical violence, but nursing home abuse takes many forms.
The various types of nursing home abuse include:
- Physical: While this is the most common, it is not the only type of abuse. Physical abuse can include physical violence, threats of violence, and injuring an older adult in care.
- Emotional: Emotional abuse involves everything from threatening to rejection to isolating to verbal attacks against the victim.
- Sexual: Sexual contact that is threatened, coerced, tricked, and forced onto the victim – or sexual acts with those who cannot legally give consent.
- Exploitation: Includes the misuse of authority, fraud, theft, and using leverage against an elderly individual for financial gain.
- Neglect: Not the same as abuse. Because, instead of intentionally causing harm, the caregiver simply does not provide care and threatens the health, safety, and emotional stability of the victim.
Know Where to Report Abuse
The second you suspect abuse, you must report it. Federal and state laws have multiple outlets for reporting, and the Elder Justice Act of 2009 makes it easier to report these instances.
First, you should contact law enforcement and report the suspected abuse immediately. Often, police are left out of the reporting process, but they can conduct a criminal investigation into the allegations and possibly uncover further evidence.
You should also report the abuse to your local Ombudsman program, because they will assign an agent to investigate. If you use Medicare or Medicaid, reporting the abuse to the Department of Health and Human Services is critical as well, because they will look into abuse allegations and possibly remove funding for their programs.
Most states have programs in place to report nursing home abuse, too. In Kentucky, you have the Kentucky Cabinet for Health and Family Services. You can report elder abuse on their 24-hour toll-free hotline by calling 877-597-2331. You can also report this abuse anonymously.
The state also has a Long-Term Care Ombudsman program that advocates for nursing home residents. You will find your local program, which is coordinated through the Office of the State Long-Term Care Ombudsman, in 15 districts across the state.
Remove Your Loved One from the Home Immediately
Now is the time to act.
You must remove your loved one from the home or center of abuse. That means taking them to your home or finding a temporary or emergency nursing home that will accept them during the investigation. Do not worry about the costs of relocation. Once you have an attorney involved, an attorney will work to get those costs compensated and any associated costs compensated, too. This is so that your family is not financially suffering for protecting a loved one in danger.
Speak with a Nursing Home Abuse Attorney
Never go through a nursing home abuse claim alone.
You need an advocate who has helped clients just like you handle these types of claims.
Nursing home abuse cases are hard to prove, and you need to know where to look for evidence. Some ways an attorney can help you with your abuse allegations include:
- Following up with law enforcement and state agency investigations. Once you report the incident to the police as well as the state, an investigation is initiated. Instead of worrying about following up with these agencies, allow your attorney to do the work for you. They can get official reports, see what actions are being taken, and use these to gather further evidence.
- Gathering witness statements. In abuse cases, witness statements play a pivotal role. Your attorney will interview employees, other residents, and even past residents to discover a pattern of abuse.
- Negotiate a settlement. The most significant role for your attorney is receiving compensation in your case. They will negotiate with defense attorneys and insurance companies to reach a settlement agreement that ensures your family is fully compensated.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Speak with a Nursing Home Abuse Attorney Now
If you suspect that a loved one is the victim of abuse, remove them from the home. Report the abuse, then make a call to a local nursing home abuse advocate. Attorney Seth Gladstein at the Gladstein Law Firm, PLLC, can help you with your nursing home abuse case.
Schedule a free case evaluation now at 502-791-9000, and let us discuss your options for holding nursing homes accountable.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
