Nursing Home Abuse Neglect And Malpractice
Advocating for some of the most vulnerable patients.
Almost every family has had to make the difficult decision of sending a loved one to a nursing home so that he or she can get needed around-the-clock care or recover from an injury or illness. We expect that the medical staff will treat our loved ones with the utmost care and provide them with the medical treatment and services they need. Just as with infant children and toddlers, the elderly require a higher degree of care and supervision than a typical patient in a hospital. Unfortunately, nursing home abuse and neglect does occur, leaving families to deal with the consequences of the improper care and treatment rendered to a loved one.
At its heart, a claim arising out of nursing home abuse or neglect is a medical malpractice claim alleging that the nursing home and its medical staff were negligent by failing to render proper care to a nursing home resident/patient, i.e., the nursing home and its medical staff failed to comply with the applicable standard of care. Proving a nursing home abuse or neglect case is not, however, an easy endeavor. Many patients injured in nursing homes have been residents of the facility for several years so there are often mountains of medical records to review a process that can sometimes amount to finding the proverbial needle in the haystack.
Which Michigan Nursing Homes Have The Most Violations
According to Nursing Home Inspect, 124 of the 444 Michigan facilities were determined to have serious deficiencies and were assessed penalties of more than $13 million last year.
The homes with the most violations of neglect and abuse last year according to Nursing Home Inspect are:
- Medilodge of Southfield: 112
- Spectrum Health Rehab: 88
- Laurels of Coldwater: 87
Many other nursing homes have dozens of violations for serious deficiencies that resulted in neglect, abuse, and injuries to residents and exposed others to potential harm.
What Type Of Compensation Can You Claim
The Michigan law of damages provides for two types of monetary compensation in a lawsuit. These are known as non-economic and economic damages. Settlements include both types of damages.
Non-economic damages include settlement payouts for pain and suffering, emotional distress, loss of companionship by family members, and scars and disfigurements.
Economic damages include payment of medical expenses and reimbursement of monies paid by Medicare or a health insurance carrier for injuries caused by nursing home neglect.
In the event of a death of a loved one, a wrongful death lawsuit demands compensation for the pain and suffering of the resident prior to passing away. The law also provides damages for the loss of society and companionship of the surviving family members. In addition, the settlement also requests the reimbursement of funeral and burial expenses.
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Financial Recovery From A Nursing Home Case
A financial recovery in a nursing home case comes either through a settlement or a judgment following a trial. Any financial recovery is typically disbursed to the injured party about 30-90 days after a successful settlement negotiation, mediation, or jury verdict. Some cases may take much longer because of payment plans by the defendant, appeals, complications resolving healthcare liens, or other actions after trial. It is important to remember that part of the disbursement process is also paying any outstanding medical bills, liens, and expenses. Once the disbursement is given to the plaintiffs attorney, it is then their job to negotiate and pay all outstanding debts before giving the final settlement payment to the plaintiff. If the case involves the death of a nursing home patient, the settlement may also need to be approved by a probate court. This process can take months in some cases.
Litigating Nursing Home Abuse Cases
In some cases, cases of nursing home abuse can lead to litigation. Litigation is the process of filing a lawsuit. Past instances of nursing home litigation led to high payouts for victims, allowing them to afford medical treatment and start the healing process. Below, learn about nursing home litigation and how to take action.
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We Understand Local Court Rules And Regulations
Attorneys more than anyone else understand how important it is for a law firm who is litigating Nursing Home abuse cases to know the rules and procedures that govern Nursing Homes. By concentrating a substantial portion of our practice to Nursing Home abuse cases — not just a footnote within elder law — Dalli & Marino stays abreast of trends in the Nursing Home industry that are often adopted to circumvent being responsible for Nursing Home abuse that occurs in their facilities.
Law firms that defend facilities in Nursing Home abuse cases know which law firms concentrate in prosecuting Nursing Home abuse cases. They also know which firms have seldom prosecuted Nursing Home abuse cases. Team up with Dalli & Marino to make sure your clients Nursing Home abuse case is taken seriously.
Uncovering The Facts In Illinois Nursing Home Abuse Cases
At Shay & Associates Law Firm, LLC, we work aggressively and fully intend to represent you and litigate nursing home abuse and neglect cases in court. This aggressive approach can often help speed up the process, reduce costs and may result in successful settlements or verdicts. Your loved one deserves quality and compassionate care, and when the facility that you have trusted and invested your financial trust violates that understanding, you deserve aggressive representation when your loved one is the victim of a nursing home abuse or neglect case.
If you have a loved one in a nursing home or assisted living facility, you may be aware that the level of care they provide may not always measure up. There are times when caregivers, nurses, CNAs and physicians unfortunately, are at fault. Your loved one deserves the most compassionate and hygienic care. When negligence, abuse or neglect has occurred, call us to represent your loved one in case of nursing home abuse or neglect. We are your legal team.
We will represent your interests and get you the full compensation for your injuries. When a family files a complaint, the Illinois Department of Public Health is required to investigate. But the administrations wheels of government can move slowly and essential information and evidence may disappear. If you suspect a family member has been injured, neglected or abused, you should contact the experienced attorneys at Shay & Associates Law Firm, LLC immediately.
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Were Here To Help You
It is important to retain counsel who are experienced in evaluating and litigating nursing home abuse and neglect cases to maximize the value of your case. These cases require compliance with South Carolinas medical malpractice laws, including retention of an expert witness and participation in the notice of intent process.
If you have suffered a life-altering injury or had a loved one killed at a nursing home,contact us online or call to discuss the legal options available to you.
The Nursing Home Litigation Process
The nursing home litigation process involves gathering evidence, filing the case, and pursuing compensation. Lawyers can help clients throughout the entire process.
1. Evidence gatheringEvidence gathering is one of the most critical aspects of any case. Without the proper evidence, a case cannot be established. Evidence includes basic facts of the case, images and descriptions of the victims injuries, and other vital information.
Once the evidence is gathered, lawyers can use it to draft a case against the nursing home and/or its staff. The next step will be to file the case.
2. Filing the lawsuitA nursing home abuse lawsuit must be filed in the right court system. There are many different courts located throughout the country.
Further, the lawsuit also must be filed within deadlines known as statutes of limitations. You wont be able to file a lawsuit if the statute of limitations has passed in your case typically 3 years or less after the injury/death occurred.
Lawyers can help file the lawsuit in the appropriate court system and within the statute of limitations.
3. DiscoveryDuring the discovery phase, the victims lawyers and the lawyers for the nursing home and its staff may request information from each other to strengthen their cases.
More information may also be collected through depositions during this time.
A lawyer can help you to properly navigate the discovery process in order to get the right information to strengthen your case.
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San Diego Nursing Home Abuse & Neglect
In recent years, nursing home abuse and litigation have been on the rise. Because of a growing societal awareness of the serious and wide-spread neglect and abuse that occurs daily in this nations nursing homes, states such as California have enacted laws to protect the elderly from suffering abuse and/or neglect, including Californias Elder and Dependent Adult Civil Protection Act . This is a remarkably complex law that was specifically designed to protect the elderly and dependent adults from physical, emotional, and financial abuse and neglect. Only a skilled, knowledgeable attorney who is familiar with the provisions and complexities of Californias nursing home abuse and neglect laws can provide a victim of nursing home abuse and neglect with the best legal representation.
Examples Of Settlement Values
A nursing home patient received this settlement after a staff member raped her multiple times. The long-term care facility fired the abusive staff member once they found out about the sexual abuse, and he was later arrested.
An 89-year-old woman fell 20 times at a Massachusetts assisted living facility before dying from her final fall. She was found to have several untreated head and internal injuries. The nursing home paid $1 million to settle a lawsuit brought by her family members.
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What Is Considered Neglect
Nursing home neglect is a frequent problem in facilities. Many times, it is undetected because the resident is completely unable to recognize or describe the poor treatment to family members. Roommates and other residents may witness the neglect but not be able to communicate either.
The legal term negligence means what a reasonable person, or nursing home, would do in the same or similar circumstances with respect to a patient.
Nursing home negligence occurs when the facility and staff fail to provide the required medical care and treatment for a resident. This includes the failure to develop and implement required care plans, making medication errors and mistakes, and not properly monitoring the residents in their rooms and in common areas.
Unfortunately, most nursing homes and their staff members will not admit to their mistakes that harm residents. Many times, they will even try to hide a bedsore to conceal an injury from family members. Also, they rarely complete an incident report to document the accident or injury.
The Difference Between Nursing Homes And Assisted Living Facilities
Nursing homes and assisted living facilities differ in many respects. A nursing home provides skilled nursing care to its residents who are often unable to walk, are incontinent, or are unable to care for their own daily needs. Assisted living center residents are mostly able to care for their own needs, but have difficulty in medication administration or require assistance in daily activities. Memory care units are often part of an assisted living center for patients that do not require skilled nursing care but do suffer from dementia are varying degrees and require 24-hour assistance to ensure their personal safety. We trust nursing homes and assisted living facilities to care for our family members when we are unable to do so. These centers promote themselves as professional and conscientious care givers, but most nursing homes and assisted living centers are owned and operated by profit driven corporations that are more concerned with the dollars collected than the care provided.
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Q: What Are Typical Nursing Home Abuse Claims
A: When abuse or neglect occurs in a nursing home, prosecutors may bring a civil lawsuit to seek financial compensation for damages and, in some cases, a criminal complaint to punish the offender for unlawful actions.
There are three main types of civil claims that can be brought against a nursing home and its employee caregivers: a negligence claim, a breach of contract claim, and a wrongful death lawsuit.
Nursing home employees may be liable for negligence that leads to falls, broken bones, and head injuries. Negligence can also cause malnutrition or dehydration. There are also, unfortunately, many examples of outright abuse, assault, and sexual assault.
Owners of nursing homes can be liable for conditions that lead to poor care, such as negligent supervision, negligent hiring, and negligent maintenance.
Breach of contract claims can be made for failure to provide the services for which a family has paid their hard-earned money. There is also the problem of predatory billing practices, where seniors are overcharged or charged for services never received.
Some cases of nursing home abuse rise to the level of criminal. Wrongly hired and poorly supervised staff in nursing homes around the country have been found guilty of breaking arms, battering, sexually assaulting, and even killing residents. Families want a thorough investigation into injuries and the arrest of perpetrators.
Breach Of Contract Vs Tort Case Values
When victims of nursing home abuse file a lawsuit, they are usually making one of two types of claims.
Breach of Contract ClaimsBreach of contract cases address a nursing homes failure to perform some part of their contract. For example, a resident may sue a nursing home for breach of contract if it failed to provide proper care by employing less staff than required by law.
If a victim wins a breach of contract claim, they may be able to get back any fees they paid to the nursing home.
Unfortunately, plaintiffs may be limited in how much money they can get from these cases if their insurance policies do not cover breach of contract claims. Victims can speak to a lawyer to learn if this claim type is best for them.
Tort ClaimsTort cases look at wrongful acts outside of breach of contract that harmed a resident. For example, a nursing home resident may sue a facility after developing severe due to neglect.
Tort claims involving abuse and neglect are covered under most nursing home liability insurance. These case types usually offer much higher compensation amounts.
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Nursing Home Abuse Cases At Trial
Depending on the severity of the case, nursing home abuse trials can last anywhere from a day to a week or more of trial. The time frame of the trial depends on how contested the liabilities and damages are.
The process of a nursing home abuse trial starts with an opening statement. The lawyer for the plaintiff will present their side of the case first. The defense could offer a rebuttal and present their case or present no case at all. Then, there would be a closing argument. The plaintiff goes first and makes their closing argument. The defendant then makes their closing argument and the plaintiff reserves time for rebuttal.
Nursing home abuse cases can be either jury trials or bench trials. In Connecticut, a jury trial only happens if either party elects the trial to happen. If neither party does or if there is an agreement, there will be a bench trial.
Outcomes at trials vary according to the circumstances of the case. Factors such as how many witnesses there are, how great the damages are, and how disputed the liability is can all impact the outcome of litigation in Glastonbury nursing home abuse cases.
How Long Does It Take To Settle A Case
The actual lawsuit can take one to two years to complete from the time the Complaint is filed at the court until either the trial or settlement. However, the process often takes longer due to the many legal requirements that must be met before the case can even be filed.
We have settled a large number of cases with the insurance company even before a lawsuit is filed. This happens when liability is very clear and the insurer would rather pay the claim than incur the expense of litigation when it is clear a settlement will be paid at a later date. We will make every effort to settle your case before going to court.
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Wrongful Death Case Values
Wrongful death occurs when a nursing home resident dies due to staff carelessness or mistakes. The victims survivors may file a in these cases to access compensation.
Some wrongful death case values include:
An 80-year-old man died after suffering several falls, including one that broke his hip. The nursing home failed to notify his loved ones or his doctors of the injuries due to a lack of staff and resources. Instead, the owner of the facility used these resources to buy luxury homes and expensive cars.
An unsupervised elderly woman at a nursing facility was trying to find her way back to her room when she fell down a stairwell and broke her neck, dying of her injuries.
An 82-year-old man choked to death when a nurse forgot to put in his dentures before he ate.
Nursing Home Abuse And Neglect Claims In South Carolina
The elderly population represents one of the most helpless and vulnerable classes of society, a fact that makes any violation of their rights inexcusable. These facilities are governed by laws and regulations designed to protect the elderly. When elder care facilities fail to follow these rules, serious consequences can result. Abuse or neglect at an independent living facility, assisted living facility, or nursing home can result in physical or emotional trauma ordeath to the elderly person and a loss of trust by the family.
Protecting Vulnerable Elderly People and Their Families
If you or your family member has suffered elder abuse or neglect,contact us online or call to discuss the legal options available to you.
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