Total Guide to Filing a Lawsuit for Nursing Home Abuse & Neglect
Since the elderly are among the most vulnerable, they often require specialized care that their families are not able to provide. As a result, they may be placed in nursing homes or other long-term care facilities. Unfortunately, this doesn't always result in the best possible care. In some cases, nursing home staff may be under-trained, overworked, or simply not interested in providing quality care. As a result, elders can become victims of abuse or neglect. If you believe that your elderly loved one was subjected to abuse or neglect in a nursing home, you can file a lawsuit, and hold the responsible parties accountable. This guide will provide you with an overview of the steps involved in filing a lawsuit for nursing home abuse or neglect.
Gather Evidence of The Abuse or Neglect
In any legal case, evidence is defined. Therefore, you have to gather enough evidence to support your claim. Possible signs of neglect can include improper medication, bedsores, weight loss, dehydration, or other physical evidence. In more serious cases, sexual abuse, physical abuse, or emotional abuse may have occurred. Look for signs of bruises, anxiety, or depression. It's important to note that even if there is no physical evidence of abuse or neglect, your elderly loved one may still be a victim. In some cases, elders may be too scared or ashamed to speak up about what's happening to them. As such, it's important to be aware of any changes in their behavior or demeanor that could be indicative of abuse or neglect. And lastly, you will also want to obtain any medical records that document the abuse or neglect, as they can be critical in proving your case. This is not always easy, as nursing homes may try to cover up the problem. However, it is important to be persistent in your efforts to gather evidence.
Consult With an Attorney
Once you have gathered evidence of the abuse or neglect, you will need to consult with an attorney. Mostly, abuse and neglect victims are entitled to financial compensation. A nursing home neglect lawyer at Crowe Arnold & Majors, LLP in Dallas, TX can advise you of your legal options after assessing your situation. Since they're equipped with the knowledge and resources necessary to build a strong case, hiring an attorney can increase your chances of obtaining a favorable outcome.
Notify the state licensing board
When filing a lawsuit, it is likely against the nursing home itself. However, you may also want to extend your complaint to the state licensing board. This means that the nursing home will possibly lose its license, which would force them to shut down. This can provide some measure of justice for the victims and help to prevent future abuse or neglect.
Nursing and care homes are meant to offer a safe haven for our elderly loved ones, but all too often, they become the sites of abuse and neglect. If your loved one has been a victim of such neglect, you can take legal action. Gather evidence, consult with an attorney, and notify the state licensing board to get started. With the right approach, you can hold the responsible parties accountable and obtain the justice your loved one deserves.