What Is The Statute Of Limitations For Nursing Home Abuse
The statute of limitations is the amount of time someone has to file a lawsuit. The time limit to file personal injury cases is usually 3 years or less.
If the statute of limitations passes in your case, you wonât be able to file a lawsuit or reach any type of settlement.
However, there may be other ways for you to access compensation. Speak to personal injury lawyers with experience in reaching nursing home lawsuit settlements to learn more.
Common Causes Of Elderly Abuse In Nursing Home Facilities
Many nursing homes and long-term care facilities are chronically understaffed. This means that employees must often work long shifts, which can lead them to become frustrated and angry with the residents for whom they care. Not only this, but staff shortages may encourage some facility managers to hire individuals with questionable backgrounds. Abuse in nursing home facilities may be caused by negligent conditions such as:
- Few staff members working at any given time
- Staff do not receive adequate training on how to care for residents with particular needs
- Employees take advantage of a lack of supervision and physically beat or sexually molest residents
- Staff members deliberately refuse to come to the aid of a resident in need
While the abusive staff member can be held responsible for the acts they commit, the management or administrative team of the home may also be liable to the injured resident and their family for damages. Liability may be associated with the following unreasonable and careless actions:
- Hiring someone who had a history of abuse or other concerns
- Not sufficiently supervising employees and their actions on the job
- Failing to properly train new employees on how to care for the homes residents
- Not investigating reports by residents or their family members concerning suspected abuse or neglect
Grounds For A Civil Suit In Columbia
Missouri law mandates guidelines and regulations for nursing home facilities. If the nursing home fails to abide by the regulations, they could be held liable in court. Though the law cannot restore an injured persons health or well-being, the court can provide financial aid to help the injured person start to recover.
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Talk To A Nursing Home Abuse Attorney
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District Of Columbia Nursing Home Or Elder Abuse Lawyers
A Law Firm Narrowly Focused on Nursing Home Neglect, Assisted Living Negligence and Elder Abuse
Rochester, NY
Senior Justice Law Firm is a highly specialized law firm focusing on cases involving nursing home abuse, assisted living facility negligence and hospital patient neglect.With multiple offices statewide, our nursing home abuse attorneys accept cases from across the state.We have recovered tens of millions of dollars in jury verdicts
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Our Maryland Law Firm Can Help
When someone is thinking about their retirement, they often spend a significant amount of time considering where they would like to live. For many, Maryland is a top choice. The historic cities, close proximity to enjoyable outings like Washington, D.C., and fair weather for most of the year make Maryland a popular destination, with Columbia near the top of the list. Because of this, Columbia is full of nursing homes to choose from for those nearing retirement age.
Unfortunately, despite the wide variety of nursing homes in the Columbia area, the quality of care for those choosing to retire in Maryland remains low. Elder care facilities struggle to provide a high quality of life to their residents, with many suffering from issues such as malnutrition, dehydration, and bedsores. Any of these conditions can cause serious injury or even death if left untreated.
If you suspect that your family member was abused or neglected in a Columbia nursing home, reach out to Senior Justice Law Firm at 934-3988.
Our Columbia nursing home abuse attorney works only on nursing home abuse cases. We want to hold Columbia nursing homes accountable for abuse and neglect while helping you to seek the justice and financial compensation that your family deserves.
Working With A Nursing Home Abuse Attorney
If youre looking to work with a nursing home abuse lawyer, there are a few different ways to make the process easier.
When speaking with a prospective nursing home abuse lawyer:
- Be transparent and open about the facts in the case
- Compile all available evidence, including the history and timeline of abuse or neglect
- Research the law firm to see if it has successfully handled past nursing home lawsuits
Remember, working with an experienced attorney with your best interests at heart is much easier than filing a lawsuit yourself. If you try to file a lawsuit on your own, you could make mistakes that delay the case or cause it to be rejected.
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Types Of Nursing Facilities
There are several distinct types of nursing homes in South Carolina and across the Southeast and United States. The level of care required of facility clinical and nursing staff, personnel, and administrators varies greatly depending on the type of facility and the nursing home care offered.
Regardless of the setting, each level of care includes various roles and responsibilities for those clinicians, nurses, administrators, technicians and assistants administering the care. In addition, these facilities and providers have been entrusted with access and monitoring over you and your loved ones. Nursing home residents should be their top priority. When these individuals fail to provide the appropriate level or amount of care, or when they fail to monitor or otherwise protect their residents, injuries, and harm can occur. Nursing home negligence is all too common, and its crucial to look for signs of neglect in Columbia nursing homes.
Contact A Columbia Personal Injury Attorney Today
Suffering a personal injury through no fault of your own should necessitate immediate legal action. However, to hold someone liable for an injury, it is recommended that you work with an attorney dedicated to helping victims in need.
With a Columbia personal injury lawyer at your side, you may increase the likelihood of filing a successful case by using their experience to bolster your argument for compensation. To learn more, or to get started on a case, reach out today to schedule a consultation.
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How Is Negligence Proven In A Columbia Claim
Negligence is the legal theory typically used to hold parties responsible for their careless acts that injure an innocent person. To prove negligence, the plaintiff should be able to establish a duty of care on the part of the defendant. The defendant must have also had a legal requirement to conform their actions to a certain standard.
Next, a plaintiff must show that the defendant failed to meet that standard of care through act or omission, thereby breaching their duty. In the case of a kitchen appliance manufacturer, a toaster that does not bear warning labels about the electrical current running through the metal coils may have breached their duty to warn a user who suffered electrocution of its dangers.
The plaintiff must also show that the defendants action or omission was the direct cause of their injury. Lastly, a plaintiff must prove that they have damages or injuries as a result of the negligent act. To fully establish a defendants negligence in a personal injury case, it is recommended to reach out to a dedicated attorney in Columbia for professional assistance.
Why Choose Goings Law Firm Llc
Choosing a lawyer to represent you is a very important decision. You want to ensure that you bring the nursing home or staff member to justice for past abuses and to prevent any further incidents in the future. There are a number of firms in the Columbia area who might be able to help, but none are as dedicated or as passionate as our team at Goings Law Firm, LLC. Some of the elements that set us apart include:
- Dedication to Our Clients: At Goings Law Firm, LLC, we understand that you are facing a lot right now and that it might feel overwhelming. We are here to help you, and our team will work tirelessly to make sure that the legal proceedings go as smoothly as possible. We vow to fight aggressively on your behalf and to always keep your interests at the forefront of our minds.
- Award-Winning Team: Our efforts on behalf of our clients have earned us recognition from a number of institutions. Our firm was named in the Top 100 Trial Lawyers by the National Trial Lawyers. We have also been awarded the Legal Elite of the Midlands in 2016 and 2017. Our team has also been named Top 40 under 40 by the American Society of Legal Advocates. And this is just to name a few.
- Track Record: Our talented and experienced team has fought hard to get positive results for hundreds of our clients, winning millions of dollars over the years. Take a look at our results to see some of our past victories and to see how we might be able to help you.
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How Much Is A Nursing Home Wrongful Death Settlement
Nursing home wrongful death settlements can vary. Depending on the nature of the case, wrongful death settlements may award millions of dollars.
For example, a 74-year-old resident at an assisted living facility in Illinois shared a room with a younger resident with violent tendencies. The older resident died after being attacked and suffering serious injuries, and the family received $1.3 million in compensation through a wrongful death lawsuit.
A nursing home abuse lawyer can estimate how much money youâll receive through a wrongful death settlement. Connect with a lawyer right now: call .
Mental And Physical Suffering
A plaintiff may obtain damages if their accident has left them with a diminished physical functioning capacity or mental/intellectual impairment. Defendants may also be held liable for damages if they worsened a persons existing disability.
Additionally, survivors could potentially recover compensatory damages for physical pain, mental anguish, and humiliation resulting from the negligent act. This includes both past pain and suffering and that which is reasonably certain to happen in the future.
If a personal injury claimant needs help fighting for the full extent of damages they deserve, a tenacious Columbia attorney could take the lead and push for justice.
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Benefits Of Reaching A Nursing Home Lawsuit Settlement
Nursing home settlements are often the more practical option for victims of elder abuse, neglect, or medical malpractice who wish to seek financial compensation.
Benefits of settling a nursing home abuse case include:
- Maintaining privacy
- Reducing stress from a potential trial
- Resolving the case and getting compensation quicker
- Saving costs of additional legal fees that come with a trial
- Staying flexible
Some victims of nursing home abuse may seek a trial in order to receive more compensation. However, there is no way to guarantee a jury verdict will award more money than a settlement.
Nursing Home Abuse Takes Many Forms
SC nursing home abuse lawyer Michael Jeffcoat says that abuse inside the closed confines of a nursing home comes in many forms, some obvious such as physical abuse, and some not so obvious such as emotional or financial abuse.
Our legal team has successfully handled claims arising from the following types of nursing home abuse in South Carolina:
- Physical abuse including excessive restraints, punching, kicking, slapping, or improper dispensing of patient medications.
- Emotional abuse such as shouting, cursing, threatening, frightening, or in some way, withholding comfort and care when requested or needed by the elderly resident.
- Sexual abuse may include overt physical abuse including, at its worst, sexual assault or sexual humiliation.
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Signs Of Nursing Home Abuse
A nursing home has a duty to ensure that all residents are safe, protected, and cared for. The organization must ensure that its employees do not intentionally harm any of the people living there. Common signs of abuse and neglect include:
- An unexplained change in mood or behavior
- An inexplicable fear of staff members
- Dehydration or malnutrition
- Unsanitary conditions
- Isolation from others
If the facility fails to supervise residents and staff properly, fails to provide appropriate safety equipment, or does not provide adequate care to the residents, then the organization may have breached the duty they owe the elderly residents. It is best to speak to a skilled Columbia nursing home abuse lawyer to determine whether abuse occurred and the steps to seek legal action.
No Win No Fee Guaranteed
Our Maryland nursing home neglect law firm works 100% on contingency fee. This means we do not bill hours or send invoices. We pay all the up front costs and we only get paid for attorneys fees and costs if we win your case and recover money for your family. This allows our Columbia nursing home malpractice attorney to serve all families, regardless of their financial situation.
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How Can A Nursing Home Abuse Attorney Help You In Columbia
If you believe that your loved one has suffered abuse or neglect in a Columbia nursing home, the most important step you can take is to get help from an experienced and compassionate attorney at Joye Law Firm.
When you work with us, we will use our skills and resources to protect your loved ones health and safety, legal rights, and financial interests.
Some of the specific services that we can provide include:
- Intervening immediately to remove your loved one from a dangerous situation
- Serving as a liaison between your family and the police or other agency that is investigating the suspected abuse or neglect of your loved one
- Preserving, gathering, and analyzing evidence of abuse or neglect in an independent investigation
- Consulting with medical experts, including experts with a background in nursing home care
Preparing your case for a settlement demand and, if necessary, taking your case to trial if that is what it takes to pursue just compensation.
Who Is At Fault In A Nursing Home Negligence Case
When elderly or otherwise vulnerable adults enter a nursing home, the facility agrees to take on that persons basic duty of care, taking care of necessities like food, shelter, hygiene and medical care, in exchange for money. However, when a nursing home fails to take proper care of its residents and someone is harmed, they should be held responsible for their actions.
In South Carolina nursing home abuse cases, the responsible party may include one or more of the following:
- Nursing home staff
- The facilitys administration or
- A third-party company, such as a wheelchair manufacturer or an outside contractor that failed to properly maintain equipment at the facility.
In most cases, we will turn to the care facilitys insurance company to seek a full and fair recovery for your damages. Even in instances where an individual abused or neglected a resident, the facility is often responsible because of a lack of training, being understaffed, or failing to perform proper background checks to ensure the staff was qualified to care for vulnerable adults.
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Pressure Wounds Bedsores And Decubitus Ulcers
When someone cannot effectively move their body enough, and the nursing home fails to reposition them as needed, a pressure wound, also known as a bedsore or a decubitus ulcer may develop as a result. Many nursing home residents cannot reposition themselves on their own they must rely on a trusted caregiver to do that for them. In a nursing home setting, it is the nursing home employee who must do this, but very often this does not happen and the results can be tragic. The nursing home abuse lawyers at The Jeffcoat Firm has handled cases involving horrific wounds, even wounds that resulted in death. Most often, these wounds develop on the residents tailbone , heels, hips, or ankles.
To diagnose bedsores, doctors and nurses will assign them a stage:
- Stage 1: The skin is not broken, but is discolored or red.
- Stage 2: Sores feature broken skin, ulcers, blisters, or craters, and they are painful.
- Stage 3: Cratering deepens into the tissue below the sore. Sometimes at this stage, fat is visible, but not muscle, tendons, or bone.
- Stage 4: Sores are the most serious. At Stage 4, muscle, tendons, or bone are visible and very serious damage is being done. These sores are simply awful, and recovery is long and complex.
Damages Families Can Recover From Nursing Homes
There are several types of damages a plaintiff may plead when a nursing home fails to live up to their duties, including:
- General damages Typically non-economic damages, these damages compensate for emotional, physical, and mental harm. Additionally, general damage awards also consider how the injuries will affect the quality of life for the victim.
- Special damages These awards typically cover present and future medical bills incurred due to the injuries, or other economic losses.
- Punitive damages These damages are usually restricted to cases of willful, wanton, or malicious conduct, with the aim of deterring the actor from engaging in the same behavior in the future.
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