Abuse does not only impact a person while the abuse is occurring, but can have lasting effects in the aftermath as well. Because nursing homes have a legal obligation to provide care and protection against abuse, steps can be taken in the aftermath to hold the facility liable for the actions of their workers.
Report the Abuse
Reporting the abuse is the first step towards seeking justice for yourself or your loved one. Many instances of nursing home abuse go unreported, with roughly 1 in 14 cases of elder abuse reported in the United States. In 2016 over 6,500 cases went unreported. When making a report, it is helpful to include physical evidence such as photos that document the abuse.
There are many places to report the abuse. These include your local authorities, the Eldercare Locator, the National Center on Elder Abuse, a doctor or medical professional, or the Long-Term Care Ombudsman. For Pennsylvania, information about the Pennsylvania Long-term Care Ombudsman Program can be found here. Nursing home abuse reports can remain anonymous.
We strongly suggest that if you suspect a loved one to be suffering from nursing home abuse, report it immediately to one of the resources above.
Seek Legal Action
As nursing home abuse attorneys, we can collect evidence and help build your case for compensation. During the first meeting, what is discussed is:
- Circumstances surrounding the allegation of abuse
- History of the victim’s nursing home care
- The victim’s mental and physical capacity
Our nursing home abuse attorneys have the capabilities to navigate the federal and state laws that have been established to protect elders in order to properly compensate those who have been victims of nursing home abuse. We will work to investigate the abuse, build the case, and see the lawsuit through either to the trial or the settlement.
Nursing home abuse lawyers must prove that the facility had a legal duty to protect its residents, failed to do so, and harmed the resident, and as a result, the resident suffered serious, long-term, or permanent injuries. Roughly 90% of nursing home abuse lawsuits across America make the settlement and never see trial. Settlements tend to take a shorter amount of time and result in less stress, but also yield lower compensation amounts than trials.
Compensation for nursing home abuse lawsuits typically come in the form of monetary payment and can help cover expenses of physical and emotional care needed in the aftermath of the abuse as well as hold the abuser accountable and discourage other workers from abusing residents in the future. In order to be compensated, it must be proven that the victim suffered either property damage or emotional or physical injury. Multiple types of abuse can result in compensation:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Financial abuse
Restitution may also be required of the guilty party, and that can come in the form of monetary or service-based restitution.
For more information on the causes of physical abuse in nursing homes, see our blog post on it here.
Call Kwartler Manus Today to Discuss Your Nursing Home Abuse Case
The team from Kwartler Manus, LLC will defend your rights as a victim of nursing home abuse. If your loved one died due to abuse, we will make sure you are properly compensated for their death. Contact our office online or by phone at (267) 457-5570 to schedule a consultation today.