A nursing home abuse lawyer is a specialized personal injury attorney. These lawyers can take legal action if an older adult was harmed while living in a nursing home. Through a lawsuit, a lawyer can show that:
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Nov 08, 2021 · A nursing home abuse lawyer guides victims through the legal process and helps them receive financial compensation for the harm they’ve suffered. By working with an experienced lawyer, families have a better shot at receiving compensation. Lawyers can file cases for many types of abuse, such as: Emotional abuse; Medical malpractice; Physical abuse
By settling the nursing home abuse claim, the injured party can recover compensation for their losses, while the facility saves the time and resources a jury trial requires. At Morgan & Morgan, however, we pride ourselves on being trial lawyers who are not hesitant to take even the biggest corporations to court.
If you need an aggressive, compassionate and narrowly focused nursing home abuse attorney, demand Senior Justice. Caring for Nursing Home Residents is Big Business. The skilled nursing facility industry is estimated to generate $312 billion annually by the year 2027. Almost all of this revenue is taxpayer money.
You've come to the right place. If you are a resident of a nursing home or other long-term care facility and have suffered physical or psychological harm because of your caregiver's negligent or intentional acts, a nursing home abuse lawyer can help. Use FindLaw to hire a local nursing home abuse lawyer near you if you are the victim of nursing home abuse or nursing home neglect.
Nursing home abuse lawyers handle much of the work that comes with a lawsuit. They can file a lawsuit on behalf of a victim or their family and rep...
Personal injury lawyers that specialize in handling nursing home abuse cases are the best option for those looking to file. These lawyers have the...
Most personal injury lawyers work on a contingency basis. This means they charge no upfront fees for their work. They will only get paid if they se...
Nursing home abuse lawyers can take on many different nursing home abuse cases. This includes ones involving physical abuse, financial exploitation...
Call our team today at (855) 264-6310 to see if you can speak with a nursing home abuse lawyer. Our caring patient advocates can assess your case a...
So, if you or your caregiver need legal help, don’t hesitate to get in touch with the local community legal service providers. They usually take down your location and the type of case you want help on. Then, they will connect you to a low-cost or free lawyer.
Area Agency on Aging is one of the best community resources from where you can get contacts for pro bono lawyers. In fact, they not only provide free legal services to older adults but also the caregivers.
Here’s what you need to find the nearest pro bono lawyer in your area: 1 Visit the Area Agency on Aging or Eldercare locator website. 2 They will ask you for your zip code. Enter your zip code on the site. 3 You will see a dropdown menu on your computer. Select legal services to proceed.
The lawyer will help you go through the entire documentation process, helping you at every stage.
As an ex-employee in distress, you may enjoy this service at a very low cost or even without paying anything. You may need to get in touch with the human resource department to find the lawyers available to take up your case.
Whether it is regarding a living will, power of attorney, or setting up a detailed estate plan, without professional lawyers, you can’t get the correct advice. That is why it is essential for senior citizens to get in touch with their nearest attorney ...
Retirement is one of those stages where you have to spend money by calculating every penny. You cannot splurge on anything, especially if you are living alone.
In the majority of cases, the nursing home will attempt to settle, typically by scheduling a meeting to discuss a potential compromise. By settling the nursing home abuse claim, the injured party can recover compensation for their losses, while the facility saves the time and resources a jury trial requires.
Breach of Statutory or Regulatory Rights: Nursing home residents are entitled to autonomy, dignity, and privacy. A nursing home can be held liable if one of its employees violates these fundamental rights.
Because signs of nursing home abuse are sometimes dismissed as indicators of old age or dementia, it is important that loved ones recognize the signs of mistreatment in a residence. There are several types of nursing home abuse, each with their own set of symptoms that may indicate that a resident is being abused.
Third-Party Responsibility Claim: Nursing homes can be held responsible for any abuse caused by third parties within the residence. This is because they have a duty to provide a safe environment for the residents. For instance, if a resident is injured by another resident or a guest of another resident, the nursing home can be found liable if they failed to provide adequate security to prevent such an incident.
Physical Abuse: Not limited to battery or other physical contact, this type of nursing home abuse can also be seen in force-feeding, overmedication and excessive use of chemical or physical restraints.
Damages available in a nursing home abuse lawsuit may include medical bills, pain and suffering, disfigurement and disability.
Nursing homes can be found liable if a resident suffers an injury or dies as a result of the failure to have an adequate number of caretakers.
From there, the decision is yours. Logistically, to begin the investigation, you would call our nursing home law firm toll-free at 888-375-9998. There, our intake department would gather some basic information from you about your potential case.
Our nursing home lawyers sue for monetary damages because taking money from negligent nursing homes makes these nursing homes provide better care. Many victims of nursing home abuse are unable to communicate what happened to them. Worse, some are afraid to speak up out of fear.
Expert witnesses are vitally important in the trial of a nursing home negligence lawsuit. Expert witnesses are retained at the costs of the parties. These hired experts opine on the case and offer opinions to the jury.
Nursing home abuse trials may be as quick as four days or may go as long as four weeks. This all depends on the injuries, corporate misconduct, and evidence in the record.
The lawsuit allegations usually contained in a Complaint detail what the nursing home did wrong and what happened as a result. A normal nursing home lawsuit complaint will allege breaches in the standard of care, resident’s rights violations and/or negligent actions on the part of the nursing home staff.
Begin your investigation into the truth behind your family member’s injury today. Call our legal team now at 888-375-9998 or submit a written inquiry to our lawyers via our website.
Money is the remedy our civil justice system provides in order to balance the harm done to your loved one. Granted, no amount of money will make this horrifying nursing home experience “worth it”. However, you must understand that money is the root cause of the negligence problem in American nursing homes.
The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.
At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.
If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.
NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:
If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.
If your older adult is going through one of these problems, contact your state’s Protection and Advocacy Agency to get legal help. To find it, click on your state in the list on the right side of the page.
Your county’s Area Agency on Aging provides community resources for seniors and caregivers. They’ll be able to connect you to local organizations that provide free and low-cost legal help for seniors.
A legal hotline allows seniors to ask legal questions over the phone. If the question can’t be answered over the phone, the hotline can also help you find the necessary legal aid services in your area. Find senior legal hotline programs. 5.
Pro bono programs match low-income people with volunteer lawyers who agree to take their cases for free.
Legal insurance is offered by reputable companies like ARAG, LegalShield, and LegalZoom.
As a caregiver, part of the job is to help your older adult take care of legal matters and make sure important documents are complete and up-to-date. That could include setting up an estate plan or making sure that essential legal documents like a living will and power of attorney are in place.
Contact your state or local Bar Association to see if they can refer you to an attorney that charges reduced fees.
The senior’s primary provider (family doctor) will need to write an order confirming that the patient requires skilled nursing care. The physician will be handing over care to the nursing home’s doctor, so he or she will also need to issue appropriate orders for medication, treatment, physical therapy, etc.
The senior will need an advance healthcare directive (also known as a living will) to indicate their healthcare preferences in case they become incapacitated and cannot communicate with their doctor. They will also need a power of attorney to appoint an attorney-in-fact who can manage their financial, legal, and medical affairs should they become incapacitated.
Nursing homes usually require a TB test to confirm that the patient doesn’t have an airborne communicable disease. Some nursing homes require additional tests, so be sure to check with the admissions director to see what (if anything) else is required.
Admittance into a skilled nursing home requires a doctor’s order, much like writing a prescription. In most cases, the patient must see their doctor less than 30 days before entering the nursing home.
To ensure the patient has the financial means to pay for skilled nursing care, the nursing home will require a financial assessment that addresses personal assets, insurance, government benefits, and government assistance programs like Medicaid.
The nursing home and physician will need to see the patient’s medical and physical history, including past/current conditions, surgeries, immunizations, allergies, and diagnostic tests. Now is also a good time to start gathering the senior’s financial information, which you’ll need when working with the elder law attorney, nursing home admission director, and Medicaid (if applicable).
Skilled nursing homes are for seniors who are unable to care for themselves for a sustained period of time, and present a danger to themselves or others without the necessary assistance. To determine this, doctors will evaluate four key areas:
A good lawyer will devise a personalized Medicaid planning strategy that enables an applicant to retain as much of their wealth as possible for current and future needs while ensuring they will qualify for the long-term care services they require.
A Medicaid lawyer will take all aspects of a senior’s personal and financial situation into consideration to determine when they should apply and whether additional steps must be taken to avoid disqualification for benefits.
In some instances, a personal care agreement is a great way for a senior to compensate their family caregiver (s) while legally spending down to meet Medicaid asset and income limits. The ways in which bank accounts and even real estate are titled can help or hurt an applicant’s Medicaid eligibility as well. Attorneys are well-versed in these and many other legal, medical and financial factors that determine if and when a senior’s application is approved.
Elder law attorneys specialize in helping older adults with long-term care planning, estate planning and government benefits. Those with experience in Medicaid planning understand each state’s rules and regulations and help families by identifying comprehensive strategies to legally obtain and maintain eligibility for public benefits.
Note that it is not illegal for someone other than an attorney to assist you with the application, as long as you request them to do so. That being said, not all attorneys are knowledgeable about this very narrow area of specialization. Medicaid programs differ so much between states that most Medicaid attorneys are only familiar with the rules and regulations in the state (s) where they are licensed to practice law. If you decide that your situation warrants a lawyer’s help, be sure to look for a certified elder law attorney who has specific education and experience in the area of Medicaid planning for your state.
The financial Medicaid eligibility rules for married couples are different from those for unmarried applicants. An elder law attorney can devise a plan for a married couple to spend down their assets to qualify for long-term care Medicaid but still retain enough resources for the healthy spouse to remain in their home and cover their costs of living.
Of course, an elder’s health and care needs can change a great deal in that timeframe, especially if they have a chronic medical condition like dementia or Parkinson’s disease. It may be wise for some families to look into Medicaid planning even earlier to ensure they’re prepared when the need for long-term care arises.