Nursing homes facilities were created to care for our loved ones when they need special treatment—due to age or illness—that we cannot provide. The staff working in these institutions are usually considered attentive and caring. Unfortunately, this is not always the case.
Whether through carelessness, lack of experience, or even maliciousness, sometimes the residents of nursing homes are subject to abuse and mistreatment that could affect them physically and mentally. If your loved one is a victim of this kind of neglect, our Gaithersburg nursing home abuse and neglect lawyers could obtain compensation for damages caused by the negligent party.
What Can Be Considered Abuse?
Abuse does not only include physical injuries. Residents from elder care institutions could fall victim of the following types of abuse:
All kinds of physical attacks qualify as physical abuse. Kicking, pushing, hitting, or causing injuries with objects or substances such as hot or icy water.
Some actions such as isolating, yelling at, ignoring, or taunting residents can cause emotional harm. It can cause anxiety, depression, or exacerbate preexisting mental diseases.
Many of the residents from nursing homes have mobility or mental problems. Other residents or staff could utilize this to commit sexual battery. Any unwanted sexual activity is considered sexual abuse.
Some greedy health care workers steal or swindle residents, taking advantage of residents’ decreased independence and situational awareness.
Get in touch with a nursing home abuse lawyer serving Gaithersburg, 410-547-0202 for a free case evaluation.
What Can Be Considered Neglect?
According to the Centers for Disease Control and Prevention (CDC), neglect is the failure to meet an older adult’s basic needs. These include water, food, hygiene, clothing, and medical care (among others). If your loved one suffers abuse or neglect, you could pursue legal compensation. Many issues in nursing homes could qualify as negligence. Neglect occurs in the following formats:
This might involve a staff member providing the wrong doses of medication (or lack thereof), improper care for diseases, or failure to inform your loved one about their condition.
Psychological or Emotional
This happens when nursing home staff isolates the resident by preventing them from having proper and healthy social interactions. Perpetrators accomplish this by failing to care for patients who cannot move around on their own. The staff member might yell at, belittle, or insult the resident.
Neglect of Basic Living Needs
This means not maintaining the residence in optimal conditions of temperature, cleanliness, and good condition of food supplies. The staff member might not bathe the resident or brush their hair. Not maintaining the residents’ clothing and bedding clean properly could trigger multiple health problems, like infection or bedsores.
When Is the Right Time to File a Lawsuit for Nursing Home Abuse and Neglect?
The statute of limitations varies in every state and changes with the type of case.
Hence the importance of having legal assistance from a nursing home abuse and neglect lawyer. A legal professional serving Gaithersburg can help you understand and overcome all the stumbling blocks of a legal process.
What Should I Consider When Filing a Nursing Home Abuse Lawsuit?
There are national and state laws that seek to grant high-quality care to residents of nursing homes. These include the Elder Justice Act, the Older Americans Act, the Violence Against Women Act, and the No Fear Act are the four most essential laws to consider.
If your loved one is subject to nursing home abuse and neglect, you must prove the following facts:
- The defendant’s duty of care
- The defendant’s breach of that duty
- Actual or proximate causation
- Actual damages
If you can’t prove the below facts, your claim will be at risk of being dismissed, and your loved one wouldn’t obtain compensation for their pain and suffering. A nursing home abuse and neglect attorney can help you navigate the entire legal process and to file a lawsuit that will result in redress for your family.
How Our Nursing Home Abuse and Neglect Attorneys Can Help You
You might fall victim to your anger at knowing your loved one suffered. To obtain emotional and monetary compensation, retain a nursing home abuse and neglect lawyer to help you file a claim and take the right steps to take legal actions.
Undertaking legal actions could be a daunting and time-consuming process. Your lawyer can pursue damages for you and use their knowledge, experience, and resources to fight for justice. Some of your lawyers’ actions will include gathering evidence, filing a claim, and working to retrieve compensation.
What Is the Result of a Nursing Home Abuse and Neglect Lawsuit?
A nursing home abuse and neglect attorney will drive you through the process to get compensation for the abuse your loved one experienced at a nursing home. The compensation you can obtain could address economic or non-economic losses.
Economic losses address losses like past and future medical bills and lost wages, household help, and out-of-pocket costs, such as funeral costs. Non-economic compensatory damages repay you for pain and suffering, loss of consortium, and loss of enjoyment of life.
Call the Gaithersburg Team at Brown & Barron Now for Legal Aid
Being a victim of nursing home abuse and neglect is a traumatic experience for the person concerned and their family. Brown & Barron’s legal team is here to help you, though.
Let our nursing home abuse and neglect lawyers take care of your lawsuit and begin to feel endorsed and safe. Call now and obtain immediate legal assistance for your Gaithersburg family. Don’t let the nursing home hide their staff members’ negligence.
Contact Brown & Barron online today to schedule a free case review with a with a nursing home abuse lawyer serving Gaithersburg.