by Families with seniors in nursing homes must stay vigilant to check for signs of nursing home abuse or neglect. Nursing home abuse is a common problem and shouldn’t be ignored. If a loved one is complaining to their family about abuse or any mistreatment, the family must take action, and when necessary, they can start a legal claim against the nursing home.
Do You Have a Viable Claim?
When reviewing the client’s case, the attorney must determine if they have a viable claim. They must have evidence that pinpoints the nursing home staff’s actions to the injuries sustained by their loved one. The client must have witnesses that saw or were aware of the abuse or negligence, and they need a report showing that the family reported the abuse to law enforcement.
If the case was investigated, they will need the officer’s findings from the investigation, and it must show that the allegations were substantiated. After the family has the evidence that’s when to consider litigation against the nursing home.
What Evidence Do You Have?
When approaching an attorney, the first question they will ask the client is, “What evidence do you have?” The answer determines how hard the attorney must work to present the case in court and show the judge that the loved one was abused. The attorney cannot start a lawsuit against a nursing home without any evidence that supports the claimant’s allegations against the nursing home.
A Full Investigation of the Allegations
The attorney and their legal team will launch an investigation into the allegations according to what evidence they need for the claim. They may advise the client to report the abuse to law enforcement if the claimant hasn’t already.
The victim will need a medical assessment to create medical records of the nursing home abuse, and the records must show common injuries associated with nursing home abuse or neglect. This could include broken bones, bruises, cuts, scrapes, or bedsores. The evidence must show that the seniors didn’t cause their own injuries.
A Lawsuit is Civil Not Criminal
The family must understand the difference between civil and criminal court. When filing a lawsuit, the claim is managed through the civil court, and the outcome is monetary. If the family wants to file criminal charges against the nursing home staff, they must notify law enforcement, and the state will bring charges against the perpetrator. In criminal court, the victim could receive restitution for economic losses and injuries caused by the criminal act. The only way that the perpetrator faces any jail time for their actions is through criminal court.
Did You Remove Your Loved One From the Facility?
Another question the attorney may have is, “Did you remove your loved one from the nursing home?” This is a vital piece of the puzzle. If a family believes that their loved one was injured by the nursing home staff, they shouldn’t let their loved one remain in the facility. Unlawful staff members may retaliate for criminal charges or civil allegations. Once the lawsuit is filed, the nursing home is notified, and it is important to get the senior out of harm’s way.
Families with seniors in nursing homes must follow careful steps to get justice for their loved ones and recover any financial losses incurred because of abuse or neglect. By hiring an attorney, families can start a legal claim against the nursing home and make the nursing home administrators and staff pay for their actions.
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