When an older loved one lives in a nursing home, you trust the facility to provide good care. Whether you suspect abuse or you are already certain it has happened, contacting a Uniondale nursing home abuse lawyer is a good first step. Your personal injury lawyer can help you determine where to report the abuse and whether a lawsuit makes sense.
Depending on your loved one’s health, they may or may not be able to tell you directly that they are being abused. Signs of abuse can include injuries, such as bruises and cuts, broken bones, open wounds, signs of falls, medication overdose, changes in behavior, or frequent treatments or testing that cannot be fully explained. If you believe your loved one is in immediate danger, it may make sense to call the local police first. Reporting the abuse to Adult Protective Services either at the state or local level is also important.
You may also be able to file a lawsuit, especially if your loved one suffered a financial loss or will have increased medical bills because of the abuse. A nursing home abuse attorney in Uniondale could help you determine the best way to hold the responsible parties accountable while minimizing stress on the abused person.
Legal responsibility for a nursing home abuse case can be complicated. In many situations, more than one nursing home employee is responsible for the abuse. If the abuse was committed by nursing home employees while they were performing their jobs, the employer is usually legally liable. Employers need to properly screen, train, and supervise employees who are in charge of nursing home residents’ health and wellbeing Other parties might also be liable for the abuse, such as independent contractors providing services to the nursing home. A nursing home neglect lawyer in Uniondale could help you identify exactly who is responsible for abusing your loved one.
In a lawsuit, your lawyer needs to prove that the nursing home had a duty of care and that by failing to uphold said duty, you or your loved one was injured. Nursing home contracts generally make their duty of care for their residents clear, so proving this is relatively easy. Determining how the nursing home resident was injured can be more complicated. If a staff member is harming a resident or otherwise breaking facility rules, most likely, there is little to no documentation that can evidence said abuse. Any notes that family members have kept or records from outside healthcare providers can be helpful in proving nursing home abuse.
Nursing home abuse victims can receive both economic and non-economic damages. Economic damages are meant to compensate for specific financial losses. These include medical bills and expenses associated with moving to a different care facility. Non-economic damages are intended to compensate the injured person for their intangible suffering. This includes emotional distress and both mental and physical pain and suffering.
Nursing home abuse is a serious violation of trust that feels both distressing and overwhelming. A Uniondale nursing home abuse lawyer can fight for justice on your behalf. Schedule a consultation with Duffy and Duffy to discuss your case today.
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Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.