Who Can File a Nursing Home Abuse Lawsuit?
Aging America has increased the need for skilled nursing care at an alarming speed. Many elderly residents rely on nursing homes or long-term care facilities to provide the medical care and support they need later.
However, the reality is that these facilities can also be places where residents are at risk of mistreatment. Whether it's physical abuse, neglect, or financial exploitation, mistreatment of the elderly is a serious issue that can have devastating consequences.
What is Nursing Home Mistreatment, Abuse, and Neglect?
Mistreatment, abuse, and neglect are broad terms that encompass many behaviors. A comprehensive list of the types of abuse and neglect that can occur in nursing homes and long-term care facilities includes:
Physical abuse, including hitting, slapping, or restraining a resident
Emotional or psychological abuse, such as degrading, humiliating, or isolating a resident
Sexual abuse, including any non-consensual sexual contact
Neglect or failure to provide the necessary care, food, or basic needs to a resident
Financial exploitation, such as stealing or misusing a resident's money or property
Medication errors, such as giving the wrong medication or the wrong dosage
Pressure wounds, decubitus ulcers, or bedsores that develop when a resident is not moved or turned frequently enough
Malnutrition or dehydration, which can result from a failure to provide adequate food and water
Inadequate hygiene or sanitation, which can lead to infection or illness
Lack of supervision or safety measures, which can result in falls, broken bones, or other injuries
Inadequate staffing or training, which can lead to neglect or mistreatment of residents
Failure to prevent or adequately respond to medical emergencies, such as strokes or heart attacks
The abuse and neglect behaviors can have serious consequences for nursing home residents, including physical injury, emotional trauma, or even death. It's important to recognize the signs of mistreatment and take action to protect your loved one's rights and well-being.
Nursing Home Neglect and Abuse Statistics
According to data from various government agencies, abuse, mistreatment, and neglect are significant issues in the United States. Here are some of the most concerning statistics:
1 in 10 nursing home residents has experienced abuse, according to the World Health Organization.
Nearly 1 in 4 nursing facilities in the United States have been cited for abuse or neglect, according to the Centers for Medicare and Medicaid Services (CMS).
In Illinois alone, over 20,000 nursing home neglect cases were reported in 2019, according to the Illinois Department of Public Health.
Bedsores affect approximately 11% of nursing home residents in the United States, according to the Agency for Healthcare Research and Quality (ARHQ).
The CDC estimates that 1 to 2 million Americans over 65 have been injured, exploited, or mistreated by someone they depend on for care.
The Food and Drug Administration (FDA) receives approximately 100,000 reports of medication mistakes annually, many of which occur in nursing homes and other long-term care facilities.
These statistics demonstrate that abuse and neglect are significant issues in the United States. You must know your legal rights and options if you or a loved one has experienced abuse or neglect in a nursing home or assisted living facility.
Contact a qualified personal injury lawyer for a free consultation to discuss your negligence lawsuit and explore your options for seeking justice and monetary compensation.
Nursing Home Wrongful Death from Neglect and abuse
It's never easy to lose a loved one, but it's particularly devastating when that loss is unexpected and may have been preventable. When a nursing home resident dies unexpectedly, it can signify that abuse or neglect was involved.
Sadly, nursing home staff members neglecting residents is not uncommon and can lead to a medical emergency.
Filing a Nursing Home Wrongful Death Lawsuit
When a loved one dies unexpectedly in a nursing home due to medical malpractice, neglect, or elder abuse, close family members can file a wrongful death lawsuit to hold the nursing home accountable.
Neglect occurs when the nursing home staff fails to provide the necessary care and basic needs, which can be considered elder mistreatment. An elder abuse attorney can help with legal action, especially regarding nursing home negligence or the mistreatment of an older person.
Nursing Home Abuse Cases
Unfortunately, nursing home cases involving abuse or neglect are not uncommon. They can occur in nursing homes or assisted living facilities and can involve any resident. It's important to note that a nursing home resident's immediate family members or close friends can file a lawsuit if they suspect abuse or neglect.
Nursing home lawsuits can be civil or criminal and seek maximum financial aid for damages. Illinois nursing home abuse lawyers can help a beloved family member through the legal process to hold the nursing home facility accountable.
Holding Negligent Nursing Homes and Staff Accountable
When a nursing home fails to provide the appropriate care or basic needs to a resident or engages in gross negligence, it can have serious consequences. It includes physical injury, emotional trauma, or even death.
It's vital to hold the nursing center or negligent staff member accountable for unacceptable actions and ensure that residents receive the care and support they need and deserve.
Nursing Home Negligence and Gross Negligence
Nursing home negligence occurs when a facility fails to provide a resident with the appropriate medical health care or basic needs. This negligence is a severe form of abuse that can result in serious harm or death to a resident.
A nursing home neglect lawsuit can be filed to hold the caregiving home accountable if a resident has suffered due to negligence.
Bed Sores and Medication Errors
Bed sores (pressure ulcers) and medication mistakes are two common forms of nursing home neglect that can have severe consequences. A pressure ulcer can develop when a resident is not moved or turned frequently enough.
Drug errors can occur when a resident is not given the appropriate or wrong medication. Personal injury attorneys can help file a nursing home abuse lawsuit if a resident has suffered due to these forms of neglect.
Filing a Nursing Home Lawsuit
To file a nursing home case or wrongful death lawsuit, the evidence must be gathered to support the legal claim. Evidence can include medical records, witness statements, and other forms of documentation.
Seeking Financial Compensation
If a nursing home lawsuit is successful, the victim can seek maximum compensation for medical bills, pain and suffering, and other expenses. Senior abuse attorneys can help secure this compensation and ensure that the victim is adequately taken care of after their injuries.
How Personal Injury Lawyers Can Help
Personal injury lawyers specializing in civil lawsuits based on abuse can help evaluate the case and determine the best legal action. A qualified attorney can review medical records, interview staff members and other parties, and gather evidence to support the claim.
Filing the Lawsuit and Representing the Client
Reputable lawyers can help file a nursing home neglect case and represent the client in civil court. They can negotiate with the facility and its legal team to secure money for the victim's medical treatment, pain and suffering, and other damages. If the case goes to trial, the law firm can present evidence and argue it in court.
Average settlement amounts for an abused or neglected elderly resident or their surviving family members varies greatly between cases because each civil case has unique circumstances that can impact the amount of monetary compensation sought and received.