what kind of lawyer do i need when i suspect abuse in assisted living

Full Answer

What kind of lawyer should I hire for nursing home abuse?

Personal injury lawyers that specialize in handling nursing home abuse cases are the best option for those looking to file. These lawyers have the experience, resources, and dedication needed to maximize the value of your case.

What to do if an assisted living resident is sexually abused?

Assisted living resident’s family members should take note of any unexplained or sudden changes in personality as this may indicate that they were sexually abused. The sooner you can spot abuse the sooner you can stop it.

What kind of abuse happens in assisted living homes?

The setting of an assisted living home is similar to that of a retirement home with a group environment. There are five major categories of elder abuse that occur in assisted living homes. These forms of abuse include physical abuse, psychological/emotional abuse, sexual abuse, neglect, and financial exploitation.

What to do if you suspect elder abuse or neglect?

If the danger is not immediate, but you suspect that abuse has occurred or is occurring, please tell someone. To report a concern, contact the Adult Protective Services (APS) agency in the state where the older adult resides. Find the APS reporting number for each state by visiting: The Eldercare Locator website or calling 800-677-1116.

Where to Report Abuse at an Assisted Living Facility

According to the U.S. Department of Health and Resources (HHS), after dialing 9-1-1, your options for reporting abuse can vary. A good next step can be to call the Eldercare Locator at (800) 842-6336. Operators can then refer you to a local agency for assistance and advice in your state.

Compensation Could Be Available

If your loved one suffered injuries and financial damages as a result of assisted living facility abuse or neglect, you could potentially recover compensation and awards for:

Signs of Harm and Neglect

Knowing the signs of abuse can be important in identifying neglect and abuse in an assisted living facility. In some cases, abuse can occur through deliberate actions by staff, other residents, or visitors to a facility.

You Could Have Legal Recourse

While assisted living facilities generally do not have to adhere to the strict laws governing skilled nursing facilities, they nevertheless have to ensure that your loved one is safe from harm and hazards. An assisted living facility can be negligent in many ways, for example, by employing unqualified staff or failing to vet new hires adequately.

We Can Help

Knowing whom to call if you suspect abuse at an assisted living facility can be confusing. If your loved one shows any injuries, calling emergency services and law enforcement can be your best first step.

How can an assisted living attorney help you?

An assisted living attorney can help you by reviewing the details of your case, getting your loved one medical care from an independent doctor, reporting the abuse to the appropriate authorities, gathering evidence to build your case, and representing you in court if a settlement agreement can’t be reached.

What are the signs of abuse in assisted living?

The warning signs of assisted living abuse and neglect include: Unexplained injuries, such as bruises, broken bones, sprains, dislocations, or physical signs of restraint, such as marks on the victim’s wrists. Sudden mood changes. Sudden weight loss.

What to do if you lost a loved one in a nursing home?

If your loved one was harmed or you lost a loved one in a nursing home due to abuse or neglect, contact an attorney to discover your rights. Birmingham. With more than 200,000 residents living here, Birmingham is the largest city in Alabama. Many of Alabama's nursing homes are located within the city limits.

What happens if a senior citizen is understaffed?

Many senior citizens and elderly residents live in facilities that are understaffed or have untrained employees, which can be a recipe for disaster. If work becomes too stressful for staff members, they may get frustrated and take their anger out on a resident in the form of physical or verbal abuse.

How can assisted living homes help prevent elder abuse?

Training: Assisted living homes can help prevent elder abuse is by providing comprehensive training for their staff members. Part of this training should focus on identifying and preventing elder abuse and neglect.

What is sexual abuse in assisted living?

Sexual abuse in an assisted living setting includes any form of sexual contact that occurs without the victim’s consent. This can include situations in which the victim does not have the mental capacity to give consent.

Why do elder abuse cases go unreported?

One of the reasons this occurs is because the instances of abuse are unnoticed or difficult to uncover.

How long is adult protective services available?

Adult protective services helps investigate instances of abuse or neglect and is available by phone 24 hours a day, 7 days a week. Please note, however, that Adult Protective Services can be slow to act and ineffective at times.

What are the consequences of assisted living?

Assisted living abuse can have devastating consequences for victims. The abuse may result in permanent disabilities or could even lead to death.

What is assisted living?

Assisted living is a housing facility for individuals with disabilities or for those that are unable to live on their own. The setting of an assisted living home is similar to that of a retirement home with a group environment. There are five major categories of elder abuse that occur in assisted living homes.

What is physical abuse?

Physical Abuse. Physical abuse occurs when someone intentionally causes another person physical pain or injury. Instances of physical abuse can include restraining, slapping, kicking, shoving, or even shaking a person to the point of injury.

What are some examples of abuse in nursing homes?

Nursing home abuse comes in various forms, including: Physical abuse occurs when someone causes bodily harm to nursing home patients. Hair-pulling, slapping, kicking, or throwing objects are examples of abusive behaviors that are often done on purpose. Other harmful behaviors could be unintentional, such as when a busy caregiver handles ...

Why do you need a personal injury lawyer?

Why You Need a Personal Injury Lawyer. Personal injury claims seek compensation for damages caused by someone else’s negligence or abuse. For instance, a driver might seek the costs of car repairs and medical bills from the motorist who caused a car accident. A consumer might sue a manufacturer for injuries caused by a defective product.

Can nursing home abuse cause permanent injuries?

Nursing home abuse could result in permanent injuries. Elder abuse could lead to long-term physical and psychological damage, such as bedsores, broken bones, and depression. In the worst-case scenarios, negligent and abusive treatment ends in premature death. Your attorney can help you report suspected abuse.

Can elder abuse stop on its own?

According to the institute’s website, “elder abuse will not stop on its own. Someone else needs to step in and help.”. Victims of abuse are often too ashamed or frightened to make a report, or they might not be able to speak up for themselves. Nursing home abuse could result in permanent injuries.

Can a patient be locked in a room?

A patient should never be locked in a room, gagged, or tied to furniture as a means of control. Of course, if a patient needs to be isolated or restrained for medical reasons, staff should follow guidelines set under medical supervision. Caregivers must follow doctors’ orders in relation to prescription medication.

Is abuse a one time event?

Abuse is not usually a one-time event. Making a report could keep your loved one safe and spark changes that benefit other nursing home residents. You could be entitled to compensation. A personal injury claim could award you with compensation for your losses.

What is assisted living abuse?

Assisted living abuse, unfortunately, happens every day to people across the country. It happens in a variety of ways. Elders experience assault, neglect, and other forms of social and emotional abuse. Discovering elder abuse can shatter the façade of thinking that the person you love is in a positive environment where people go above ...

What to do when someone sees elder abuse?

The thought of someone harming a person less capable of defending themselves is despicable, and especially so if it’s someone you know closely. Hiring an attorney is the best thing you can do when you suspect or come across any sort of abuse.

Why is it important to follow your hunch and speak to an attorney about what may or may not be happening

Most abuse happens discreetly and can be difficult for the untrained eye to notice. That’s why it’s so important to follow your hunch and speak to an attorney about what may or may not be happening. At the very least, you’ll have peace of mind knowing about where your family member or friend is living.

What does an experienced attorney look for in a facility?

An experienced attorney will also look at what type of training systems are in place at the facility to make sure employees are giving the required care. Hiring staff without the proper qualifications can be a problem.

Is assisted living stressful?

Look, we all know that working in an assisted living facility can be stressful. You’re dealing with people who have unique medical challenges, and they have mental and physical limitations. It’s easy to lose a temper or make a mistake.

Can elderly people in assisted living homes be victims of identity theft?

This happens more than you would think. Older people in assisted living homes are frequently victims of identity theft and other fraud. Maybe it’s someone buying things with their credit card, or it could be signing up for recurring services and other expenses. You could even see strange withdrawals on their banking statements.

Can you suspect someone is neglected?

You can suspect your loved one is neglected or is the victim of abuse, but suspicions don’t hold up in court. You’ll be hard-pressed to find an insurance company or an opposing legal team to offer any sort of compensation or respond in a meaningful way to accusations only.

What is a nursing home abuse lawyer?

A nursing home abuse lawyer helps victims and their families receive financial compensation if a senior was harmed by staff members or other residents in a nursing home. Older adults often enter nursing homes when they are no longer able to care for themselves.

What does a lawyer want to show in a nursing home lawsuit?

Through a lawsuit, a lawyer will want to show that: The nursing home had a legal duty to care for the victim (usually through a contract). The nursing home failed to meet the resident’s needs and harmed the resident either through negligence or intentional acts of violence.

What happens when a nursing home resident is neglected?

When a nursing home resident’s needs are neglected, they can be seriously injured or killed. Lawyers can help victims of nursing home negligence and their families take legal action and receive compensation for their suffering.

Where do nursing home lawyers work?

Nursing home abuse lawyers work at national law firms across the country . They have resources (such as knowledge of elder abuse laws and access to previous cases) to help current clients. Most personal injury lawyers work on a contingency basis. This means they charge no upfront fees for their work.

Do long term care facilities treat seniors?

In a perfect world, long-term care facilities would treat all senior citizens with the respect and care they deserve. Unfortunately, adults who fall victim to nursing home abuse may carry the physical and emotional scars for the rest of their lives.

Can a nursing home sue another resident?

As a result of the harm, the resident suffered from long-term or permanent injuries. If the lawyer believes the case can be pursued, they can file the lawsuit against the nursing home company, its employees, and/or another resident. These people become the defendants in the case.