Boston Nursing Home Abuse Attorney

What Can You Sue A Nursing Home For?

Nursing homes and care centers are entrusted with the care and safety of individuals who can no longer care for themselves at home. If a resident of a nursing home is injured or passes away due to neglect, abuse or negligence on the part of the medical team or staff, the facility and individuals are liable and can be sued for damages. 

Although there is no amount of money that can truly compensate for a loved one’s suffering, a monetary settlement can ease the financial burden that often accompanies these unfortunate situations. Financial compensation can also ease the mind of those involved by holding the responsible parties accountable and receiving justice for the victim. 

Damages for nursing home abuse often include:

• Costs of medical treatment
• Bodily pain and suffering
• Emotional distress
• Mental pain
• Costs of finding a new care facility

If the abuse or neglect is severe enough and can be proven to be the cause of death of a resident, a wrongful death claim would include:

• Funeral expenses
• Burial expenses
• Medical expenses occurring before death
• Pain and Suffering

Nursing home abuse is a tragedy that is unfortunately on the rise. Some estimate that by the year 2030, the population of 85-year-olds will increase by more than 50%. It is critical that family members watch for signs of abuse, report it if they see it, and then contact a personal injury attorney for help. Holding nursing homes accountable for their actions is an important step in reducing abuse and neglect. 

How Long Does It Take To Settle A Nursing Home Lawsuit?

Nursing home abuse claims start with the victim or the victims family contacting an experienced attorney. An initial consultation will help the law firm evaluate whether or not there is an abuse case. If the attorney concludes that there is indeed a case, work should begin immediately.

The claims process for a nursing home abuse case may go as follows:

1. Investigation and filing. Your attorney will need the facts of the case along with any evidence you may have. Documents including medical records, legal contracts, police reports will be gathered. Photographic evidence and any witness statements will also be included. With evidence compiled, your attorney will then file your case with the court.
2. Discovery. Your attorney will share the facts and evidence of your case with the opposing legal team and be allowed access to the information the defendant has as well. This allows both parties to prepare the case for trial and formulate legal strategies.
3. Prepare to negotiate a settlement. Arriving at a settlement agreement before a case goes to court can save time and extra expenses. If a settlement can be reached, and it is in the victims’ best interest, the case can come to an end at this stage.
4. Taking the case to court. When a fair settlement cannot be reached, your attorney will represent you in a court of law. Your case will be decided by a judge and in some cases a jury.

A national survey showed that on average, a successful personal injury claim took 10 months to settle. Every situation is different and while no law firm can predict exactly how long the process will take, it is in everyone’s best interest to complete the process as quickly as possible. Contacting a personal injury attorney as soon as you suspect nursing home abuse is the first step in the process. 

What Is The Average Settlement For Nursing Home Neglect?

Settlement amounts for nursing home abuse cases depend on the extent and length of the abuse or neglect, the actual monetary damages incurred as a result of the abuse, such as medical bills etc., and the severity of the emotional, physical and mental anguish endured. An attorney experienced in nursing home abuse cases will be able to look at the evidence surrounding your case and provide you with a reasonable estimate on what to expect your settlement to be. According to a Health Affairs report, an average nursing home abuse claim is awarded over $400,000 in damages. It is not unheard of for large amounts to be awarded, exceeding $1 million dollars or more.

How Do You Prove Nursing Home Negligence?

Residents of nursing homes and care facilities are some of the most vulnerable citizens in our population. All are reliant to some extent or another, on the care they receive from the staff and medical personnel hired by the facility. This unique vulnerability can make proving nursing home negligence more difficult and doubles the importance of getting it right. Residents of nursing homes may not have the mental awareness to know they are being abused. Often, medical impairments such as Alzheimer’s disease and dementia may make communicating incidents of abuse impossible. Some residents may be too frightened to report neglect, fearing their treatment will worsen. It is critical that family members take any report of abuse, mistreatment or complaint seriously.

Proving nursing home neglect is dependent on evidence. Evidence of physical abuse or neglect can be proven by police reports, medical reports, photographs of bruises or other injuries, witness statements and testimony from the victim.

Emotional abuse may be harder to prove but is no less important. Evidence of emotional abuse or neglect can be documented by family members. Testimony of a loved ones depression, fear, withdrawal, lack of social interaction and sudden, declining mental state can support the important claim of emotional abuse.

What Constitutes Neglect In A Nursing Home?

Nursing homes have a responsibility to provide adequate and reasonable care to their residents. Neglect differs from abuse in that neglect fails to provide what a resident needs, versus abuse, where someone is acting to inflict harm on a resident. Neglect is more about what action isn’t taken on the residents behalf. Neglect can be purposeful or unintentional and the effects can be physical suffering or emotional/mental suffering. All forms of neglect are subject to legal action and leave the nursing home vulnerable to lawsuits.

Nursing home neglect may include:

• Lack of medical care
• Not addressing mental health needs
• Neglect of dental care
• Lack of monitoring
• Inadequate hygiene, bathing, changing clothes, toileting needs
• Failure to clean rooms and living areas
• Lack of food or hydration
• Lack of mobility assistance
• Preventable falls
• Staff shortages
• Not responding to residents requests for assistance
• Disregard for feelings
• Lack of activities
• Not providing adequate therapy

Nursing home neglect can be criminal in nature depending on the severity. If you suspect a loved one is experiencing nursing home abuse, call authorities immediately to ensure your family member is safe, and then contact an attorney.

Neglect in nursing homes is a serious problem that often goes unseen and unchecked. Family members and friends are very often the only people that can and will speak for the victim. Nursing homes must be held accountable for their actions and inactions toward the residents in their care. Seeking compensation through a personal injury lawsuit is one way to get justice for victims of nursing home abuse.