When you check your loved one into a nursing home, the last thing that you think about is them being abused. Unfortunately, the loved ones of nursing home patients are finding out that nursing home abuse is more prevalent than expected. As more and more seniors enter nursing homes across the country, more and more cases of nursing home abuse are being reported.
If your loved one experienced abuse while in a nursing home, you will likely want to move them to a new nursing home and get them medical care, which can be expensive. You can file a lawsuit to collect financial compensation from those responsible for the abuse to help pay for those expenses. Start by getting in touch with the office of a Louisville nursing home abuse lawyer to see what your legal options are. Call Ben Crump Law, PLLC at (800) 712-9119 for a free consultation about your case.
Types of Nursing Home Abuse
According to the National Institute on Aging (NIA), there are multiple types of nursing home abuse you need to watch out for. Nursing home patients can be abused at any time by anyone, regardless of their age or gender. Keeping a close eye on their care can be the most effective way of preventing or stopping abuse. Some of the types of nursing home abuse include:
- Physical abuse: Physical abuse is any type of abuse that causes physical damage. Common signs of physical abuse are bruises that cannot be explained. Physical abuse can also include isolating someone from other people by locking them in the room, which prevents them from getting the care they need.
- Emotional abuse: Emotional abuse is any type of abuse that negatively impacts a person’s emotional or mental state. It can include a variety of actions, such as isolating someone or using hurtful language to degrade them.
- Neglect: Neglect is becoming a bigger problem in nursing homes, as many of them are understaffed. Neglect is leaving a person alone without the care they need for long periods of time, which can lead to serious health issues.
- Sexual abuse: Sexual abuse in nursing homes is sadly more common than many people previously thought. This includes any type of sexual activity on a patient against their will or without their cognizant consent.
- Financial abuse: Financial abuse is taking money or viable items from nursing home patients without their consent. This can leave seniors without the funds that they need to afford their long-term care.
There may be other types of nursing home abuse not listed here. The most effective way to minimize the damage caused by abuse is to identify it early and stop it as soon as possible. With the right care, victims may be able to make a full recovery.
For a free legal consultation with a nursing home abuse lawyer serving Louisville, call (800) 712-9119
After the discovery of nursing home abuse, there will be an investigation. Your lawyer will work to determine who is liable (financially responsible) for any damages and expenses. Liability is important because you can only file the lawsuit against liable parties. In nursing home abuse cases, this could be one or several parties.
The abuser is usually held liable, but some situations allow the facility to be held liable, too. For example, if the facility created a situation where abuse was allowed or encouraged, you can sue the facility as well. This is a problem for facilities that are understaffed because low staff-to-patient ratios can quickly lead to neglect.
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Once your lawyer has determined who will be held liable in your case, he or she can file the lawsuit. In a lawsuit, your lawyer will include claims for compensation based on your expenses. You can claim a variety of expenses in your lawsuit as long as they relate to your loved one’s treatment and recovery.
Medical expenses are often the most prominent category of expenses in these claims. The cost of relocating your loved one to a new facility and getting them medical treatment for the abuse can be expensive. In cases where there is financial abuse, you can file claims to try to recover the value of what was stolen. In all cases, you can file for a type of compensation called pain-and-suffering, which is not based on any monetary expenses. Instead, it is based on the negative impacts that the abuse has had on the victim. The judge will have the final say in how much this compensation is and if it will be awarded or not.
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Statute of Limitations
If your loved one was abused in a nursing home, you may be able to take legal action against the abusers, which can help recover the costs of getting help for the victim. However, while it is important for you to focus on getting your loved one the help they need, it is important to start the legal process as soon as possible because of the statute of limitations.
To avoid problems with the statute of limitations, you must file your lawsuit with the state before the deadline, which is one year after the incident per Kentucky Revised Statutes (KRS) §413.140(1)(a). This is not a lot of time for your lawyer to get your case together, so reach out to a Louisville nursing home abuse lawyer to get started as soon as possible.
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If your loved one was the victim of abuse in a nursing home, you may be able to take legal action against the liable parties that could result in compensation. Reach out to a Louisville nursing home abuse lawyer to start the legal process and see what your options are. Call Ben Crump Law, PLLC at (800) 712-9119 to schedule a free consultation about your case.
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