Nursing home staff have an obligation to provide adequate care to the residents of the facility. When they fail to do so, they could face civil liability for the harm they have done. This is especially true when staff is involved in abuse or neglect.
If your loved one has been abused by nursing home staff, now is the time to speak with an attorney. With the right legal counsel, you could ensure your loved one receives justice following an act of abuse. Talk to an Arbutus attorney specializing in abuse by nursing home staff as soon as possible.
Damages Could Be Available Following Abuse by Nursing Home Staff
If your loved one’s abuse lawsuit is successful, they could be entitled to various types of financial compensation. This compensation will depend on their physical, emotional, and financial injuries stemming from the abuse. Some of the damages that could be available include:
- Pain and suffering
- Relocation expenses
- Past and future medical bills
- Mental anguish
- Emotional distress
Our firm could review the facts of an abuse case and provide insight into the possible compensation that could result from it. Although no attorney can guarantee a favorable outcome, this could provide a clear picture of what a case might be worth.
Get in touch with a abuse by nursing home staff lawyer serving Arbutus, 410-547-0202 for a free case evaluation.
Is the Nursing Home Liable for Staff Abuse?
When nursing home staff members are responsible for acts of abuse or neglect, they are civilly liable for the damage they cause. However, they are not always the only party that is liable for abuse. The nursing home itself is also frequently responsible for any damages that occur.
The nursing home has a strict duty of care when it comes to each resident. This duty extends into every aspect of running the facility. In addition to providing adequate housing and safe conditions, the nursing home is also liable for ensuring the staffing decisions are appropriate as well.
There are several different situations where the negligence of the nursing home or its owners could directly impact staff abuse. Some of these examples include:
- Failure to conduct a background check on staff
- Negligent training
- Lack of adequate security
- Failure to properly monitor staff
How Our Firm Could Help Pursue Justice
The team at Brown & Barron could assist your loved one in pursuing a personal injury lawsuit following an act of abuse by the staff. A law firm with experience in nursing home abuse and neglect cases and the regulations that nursing homes must follow is essential to a successful recovery of compensation through settlement or verdict.
Accessible, Responsive Communication
Suffering abuse in a nursing home is a traumatic event, not only for the victim but for their loved ones as well. Our firm is proud of our accessibility, which ensures that you get your questions about the case answered within your timeframe. A member of our staff is always available to field your calls, and we will answer any questions promptly.
Before our firm files a lawsuit or negotiates a settlement, we will take a careful look into the facts surrounding your loved one’s abuse. This could involve speaking with witnesses, reviewing police reports, and obtaining policy handbooks from the nursing facility. A thorough investigation of the case could give you the best chance of success.
It is often possible to resolve an abuse case without the need for a lawsuit or trial. By negotiating with the nursing home, their attorney, or their insurance carrier, it could be possible to come to a resolution. However, not every settlement offer is worth accepting. Our firm will ensure you get the best offer possible, but if a fair settlement cannot be reached through negotiation, we are never afraid to take the matter to court.
There are times when aggressive legal action is the best way to secure justice following an act of nursing home abuse. This could involve filing a lawsuit against the employer of the facility that permitted the abuse to occur. Having a law firm that has a reputation like that of Brown & Barron could push the other side into a faster and more generous settlement.
The Types of Nursing Home Abuse
Not every act of abuse committed by a nursing home staff member is the same. It is helpful to understand the types of abuse in order to pursue a civil lawsuit. In total, there are five categories of nursing home abuse. They include:
Physical abuse occurs when a nursing home staff member causes unnecessary physical harm or pain to a resident. This type of abuse could involve an act of assault like punching or kicking. It could also involve the unnecessary use of physical or chemical restraints.
Sexual abuse includes any kind of sexual contact or indecent exposure with a nursing home resident. There is no circumstance where sexual contact of any kind is appropriate when it comes to a nursing home staff member and resident.
There are types of abuse that will not leave physical scars. That does not mean emotional abuse is not traumatic. On the contrary, acts of emotional abuse like berating a resident or giving them the silent treatment, could have lasting consequences.
This type of abuse could include simple acts of theft from a resident’s room. It could also involve more complex acts of fraud like the unlawful modification of a resident’s will.
Neglect is the failure to provide a nursing home resident with the basic care they need to survive. This could include food, medical care, attentive supervision, or proper hygiene. Neglect could be intentional, or it could occur due to issues like poor training or understaffing.
Talk to an Attorney About Nursing Home Staff Abuse Today
No nursing home resident should have to face abuse—particularly from staff members of the nursing home they live in. With abuse happens, the guidance of experienced legal counsel could be invaluable to you and your loved one.
The attorneys of Brown & Barron are ready to help you aggressively pursue compensation based on your loved one’s abuse. To discuss your options with an Arbutus abuse by nursing home staff attorney, call for a free consultation today.
Contact Brown & Barron online today to schedule a free case review with a with a abuse by nursing home staff lawyer serving Arbutus.