Help for Nursing Home Abuse Victims Things to Consider When Filing a Nursing Home Negligence Lawsuit
by: johnsonlawgroup
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After all, nursing homes are supposed to provide professional care for those that can't care for themselves, right? As much as we hope Aunt Agnes will be properly cared for, too often we are let down and in some cases our worst fears are realized. Loved ones are being subjected to nursing home abuse and nursing home neglect, and it's happening everywhere.
Staff members have been caught in the act of inflicting verbal abuse on elderly residents. Physical abuse and emotional abuse is just as widespread in American nursing homes today. Any form of abuse is inexcusable because it produces harmful effects to the residents as well as family members of the victim.
There are many signs that could show if your loved one is a victim of physical or emotional abuse at a nursing home: bumps or bruises on the body, cuts and scrapes, lacerations, burns, broken bones, changes in behavior, and mood swings.
If you observe things such as bed sores, poor hygiene and unclean conditions in the nursing home, be aware that these could be additional signs of neglect.
Nursing homes are ordered by the federal and state governments to meet specific requirements regarding the care they provide. This includes making sure an adequate number of professional employees are on hand to care for residents. Unfortunately, many nursing homes will jeopardize the welfare of their elderly residents by not maintaining enough employees to provide care.
There are attorneys who can offer legal solutions if you or a loved one has experienced abuse or neglect. It is imperative that you speak with an experienced lawyer if you have questions concerning what can be done with your abuse claim. You or your loved one may be entitled to compensation for your damages or suffering.
Things to Consider When Filing a Nursing Home Negligence Lawsuit:
Over one and a half million American families turn to nursing homes to care for their elderly loved ones. That number is expected to more than triple over the next thirty years, as the baby boomer population ages. When families chose nursing care, they do with an expectation of professionalism, kindness and compassion; yet the reality that they encounter is all too often disturbing and painful: nursing home negligence.
According to a 2001 Congressional Report, one in three U.S. nursing homes have been cited for abuse or neglect. These types of violations are especially insidious since elderly and disabled residents are unable to protect themselves from an attack. Yet according to the Nursing Home Reform Act of 1987, all residents have the right to live in an environment that improves or at the very least maintains their physical and mental health. So, what do you do if instead of safety and security, you encounter neglect and abuse?
First, remember that you and your loved ones do not have to surrender your rights just because you have moved to a nursing home. Negligence, in the form of abuse and neglect, is not only immoral, it is illegal. If you are the victim of negligence, you are entitled not only to be protected from future attacks, but also to be compensated for your pain and suffering. In order to learn more about your legal options, you will want to contact a local lawyer, with expertise in the laws and regulations of your state.
When considering whether to file a lawsuit, it is also important that you understand what constitutes neglect and abuse. Neglect is the failure to care for a person in a manner that will prevent harm or pain from occurring. Neglect may be intentional, but it does not have to be. Abuse refers to the intentional causing of harm or pain, including physical, mental, and sexual abuse, as well as the use of corporal punishment and intimidation. Another form of nursing home negligence is the misappropriation of residents' property and possessions, such as stealing and embezzling.
If you believe a violation of your rights has occurred, your lawyer will be able to help you to report the incident to the local or federal authorities. Be sure to put your report in writing and keep a copy as this will bolster your case if you chose to file a negligence lawsuit.
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About the Author
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Nursing Home Abuse. Call 1-888-311-5522 today or http://www.johnsonlawgroup.com for a free case evaluation.
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