What Damages Can I Get From A Nursing Home Abuse Case?
Some of those who move into nursing homes are recovering from medical conditions, while other nursing home residents need support to face the challenges of permanent disabilities or advancing age.
Short-term patients regain enough strength to return to their homes when all goes well. Long-term residents might receive compassionate care at assisted living facilities for the rest of their lives.
At our law firm, we respect the professionals who contribute to healthful, supportive nursing home communities. Yet, we are well aware that not every nursing home resident is treated the way he or she should be.
If you or a loved one was abused at a nursing home, please get in touch with the experienced nursing home abuse lawyers of Phillips Law Group. Our live chat and phone representatives are available every day because we always want to be ready to help. Click the icon below to start a conversation, or call us toll-free at (800) 706-3000.
Defining Nursing Home Abuse
Placing a relative in a care facility is never an easy decision. Many families make this difficult choice because they cannot properly care for their loved one. Therefore, they expect the trained professionals at the nursing home to ensure their family member receives the necessary help.
According to definitions compiled by the National Center on Elder Abuse (NCEA), abuse refers to any knowing, intentional, or negligent act that causes physical, psychological, or financial harm or severe risk of injury to a vulnerable adult.
The costs of abuse
When those entrusted with these duties fail, devastating results could follow:
- Deteriorating physical and psychological health
- Permanent disabilities
- Financial loss
- Destroyed social and family connections
- Premature death
The types of abuse
Abuse is intentional or neglectful acts that result in harm to others. Abusive treatment usually falls into one of 5 categories:
In some cases, the perpetrators of abuse face criminal charges. Victims of nursing home abuse and their families have the right to demand financial compensation for their losses.
Nursing Home Abuse Victims Deserve Compensation
Some nursing homes ignore or downplay abuse. At Phillips & Associates, we take the opposite view. Our experienced law team investigates and seeks compensation for abuse victims and their families.
Research reveals that elderly physical abuse victims admitted to emergency rooms often exhibit different symptoms than other patients. For instance, they are most likely to have injuries to their face, teeth, or neck. Though they commonly have bruises, they are actually less likely to have fractures than older adults who suffered an unintentional fall.
These nightmarish outcomes generate thousands of dollars in medical bills. The patients might undergo diagnostic tests, hospitalization, and rehabilitative treatment. Our legal team has decades of combined experience recovering funds for current medical debt and anticipated future treatment.
You may be able to get the following covered by your case’s settlement or verdict:
- Doctor’s visits
- Medical travel and transportation
- Counseling and therapy
Before accepting a settlement offer from a nursing home or insurance company, contact our law offices. Our attentive lawyers can help you to calculate a fair payment that meets your healthcare needs.
Pain and suffering
Both physical and psychological pain are among the catastrophic outcomes of nursing home abuse. Besides causing discomfort, physical pain can limit a patient’s ability to move.
Psychological distress produces negative emotions and feelings that make it difficult to enjoy life. Some examples are:
Such suffering can lead to more issues like post-traumatic stress disorder (PTSD), borderline personality disorder, and drug or alcohol dependency. If nursing home abuse or neglect has caused pain in your family, don’t hesitate to contact our legal team to learn about your options for recovering compensation.
People who commit deliberate, malicious abuse should understand that their behavior is wrong. Expressing public disapproval by imposing punitive damages is one way to condemn their actions and discourage others from similar acts.
However, punitive damages are not awarded in every case. Lawyers must present evidence to prove that the abuser knowingly and intentionally caused serious harm to a nursing home resident.
Our lawyers defend the rights of victims using the laws applicable in the state where the abuse occurred. In some cases, criminal charges are filed.
Holding Nursing Home Abusers Accountable
Not all abuse is the fault of a caregiver. Other staff and visitors also have the potential to abuse patients. An essential aspect of a lawyer’s job is identifying the party liable for the nursing home injuries.
For instance, federal and state laws protect resident rights at care homes. The nursing home management team might instruct unwitting staff to deny residents one of these rights. In such a case, courts would likely find supervisors liable rather than the workers.
Administrative and supervisory staff might also bear responsibility if a visitor or trespasser hurts someone on nursing home grounds. Diligent lawyers would examine to determine whether the standards of security or supervision fell below state and federal requirements.
In other cases, nursing facility employees might neglect their duties, either by action or inaction. Examples include:
- Ignoring repositioning schedules so that bedbound patients develop bedsores
- Neglecting proper bath, meal, or medicine schedules
- Applying physical or chemical restraints for convenience rather than necessity
- Denying residents’ access to social or religious activities
- Touching or talking to a patient in a sexually inappropriate manner
What about if an accident occurs due to defective medical devices or equipment? Suppose a faulty lift causes a resident to fall and break a bone. Our dedicated team of product liability professionals can determine whether the problem began during the design, production, or sales phase of development to determine who should take responsibility.
Lawyers understand that multiple parties might each share a portion of the blame. We might consider whether or not:
- Managers and staff received proper training
- Caregivers had the proper equipment, supplies, and staff to carry out their duties
- Precautions were taken to prevent infections and injuries
One mistake abuse victims and their guardians make is assuming that determining liability is simple. Why not let our knowledgeable attorneys help you? Click the chat icon on your screen to schedule a free consultation with a live representative today.
You Can Rely on Arizona’s Largest Consumer Law Firm
Standing up against nursing home abuse is commendable, but it is not an easy battle to win. We at Phillips Law Group believe that your financial situation should never prevent you from pursuing justice.
In addition to free case evaluations, our attorneys make legal services available for everyone by offering various payment arrangements. You pay nothing until we win your case. There is no obligation to hire us, so do not hesitate to reach out to discover your options.
In abuse cases, time can be an obstacle to recovering your economic losses. First, collecting evidence while it is fresh is the most effective means of building a case.
Secondly, state deadlines set a limit to how long you qualify for financial compensation. Statutes of limitation also apply to criminal prosecution. We urge you to act without delay to protect yourself and your family.
Remember, no matter where in the US you live, we are here to help you recover damages from nursing home abuse. Schedule your free personalized consultation today. Send us your contact information or call (900) 706-3000 to find out how much your case is worth.
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